JAKARTA, KOMPAS – The House of Representatives agreed on Tuesday (Oct. 24) to pass the Government Regulation in lieu of Law (Perppu) No. 2/2017 on Mass Organizations into law. However, once passed into law, the Perppu is still open for revision.
House Commission II member from the Democratic Party faction Fandi Utomo said at the House in Jakarta that the Perppu-supporting government and House factions were ready to revise the law through lobbying. The lobby session was attended by government representatives, the House speaker, as well as the House faction and commission heads.
The one-hour lobby was decided by House deputy speaker Fadli Zonfrom the Gerindra Party faction, who led the plenary session, following heated debate between House factions. The debate focused on whether the House should pass or reject the Mass Organization Perppu, or pass it with notes.
After the lobby session, a vote was takenon the final decision. The result was that 314 lawmakers from seven House factions agreed to pass Perppu No 2/2017 into law, while 131 lawmakers from three House factions rejected the Perppu.
During the plenary session, protesters stood outside the House Complex to reject the perppu’s passing into law. They said the regulation might threaten freedom of assembly and might discredit certain groups.
Not a political tool
Coordinating Political, Legal and Security Affairs Minister Wiranto reaffirmed that the Perppu was issued not to discredit any particular group. Instead, through the regulation, the government aimed to protect the state ideology of Pancasila and the 1945 Constitution.
Home Affairs Minister Tjahjo Kumolo, who represented the government during the House plenary session deliberating the Mass Organization Perppu’s passing into law, said, “Pancasila will neither serve as the government’s political tool nor be used to attack mass organizations. Our constitution has regulated citizens’ freedom of association, assembly and speech.”
Tjahjo continued that the government had observed several mass organizations developing and spreading ideologies that contradict Pancasila and the 1945 Constitution. The existing regulation, namely Law No. 17/2013 on Mass Organizations, is deemed not strong enough to anticipate the activities of such organizations.
Lawmaker from the National Awakening Party (PKB) faction Malik Haramain, who headed the House Mass Organization Bill special committee in 2013, said that, in passing Law No. 17/2013, the House and the government wished for mass organizations to help the government safeguard Pancasila. Law No. 17/2013 also guaranteed citizens’ freedom of association, assembly and speech as was stipulated in the 1945 Constitution, while ensuring that these freedoms will not undermine the freedoms of others.
However, as mass organizations that contradict such goals are emerging today, the Perppu was seen as a solution. With these considerations, the PKB agreed to the Perppu’s passing into law.
Revision
Malik said the PKB wished for immediate revisions once the Mass Organizations Perppu was passed into law. According to Malik, the revision must stipulate that mass organizations must use Pancasila and the 1945 Constitution as principles. Sanctioning must also be more effective and efficient.
Fandi added the Democratic Party faction understood the urgency behind the Perppu, so the faction agreed to its passing into law. However, the faction also demanded revisions, especially in regard to reintroducing the role of courts in the disbandment of mass organizations, aswell as the criminal sanctions, which are deemed too heavy.
Fadli Zon said the Gerindra Party faction, alongside the Prosperous Justice Party (PKS) faction and the National Mandate Party (PAN) faction, all of which rejected the Perppu’s passing into law, would include the Perppu’s revision in the 2018 Priority National Legislation Program. Therefore, the revisions will be done next year.
While waiting for the revision, the Gerindra Party faction hopes that the Constitutional Court can review some of the Perppu’s articles.
One of the most important issues on the revision of the Mass Organization Perppu, Fadli said, concerned the articles stipulating that courts would not be involved in the process of disbanding mass organizations. Fadli said such a stipulation might be used by the government to justify repressive acts against mass organizations the government deemed critical and disliked.
Institute for Policy Research and Advocacy (ELSAM) deputy research director Wahyudi Djafar said the possible revision was only shortening the process of disbanding mass organizations. Reflecting on the stipulations in Law No. 17/2013, the process of disbanding mass organizations, which spans from warnings to court processes, may be shortened to only six months.
“However, the shortened process of disbanding mass organizations must not eliminate the processes at the court. What differentiates the old way from the current one is how to limit freedom of association in line with legal and human rights principles,” Wahyudi said.
Tjahjo said the government was open to such ideas. Regarding the revision, the Home Affairs Ministry will first need to discuss it with other ministries.