The Government Regulation No 2/2017 Is Made To Protect, The Country From Un-Nationalist Mass Organization
By : Lieutenant General (Ret) Soedibyo* Administrative Sanction as mentioned in this Government Regulastion No 2 of 2017 are consisting of written warning; Stopping the Activity; The dissolution of the Letter on Registration and the dissolution of the Legal Existence.
Law on Mass Organization during the New Order period was stressing that the political and mass organization should be founded based on Pancasila Ideology and the Constitution of 1945. The strong liberal atmosphere in the period of Reform Era had pushed those principles away from the Indonesian airspace. Now the problem of the Rightist Extreme Attitude and the Rightist Radicalism to have been developing in the Mass Organization is considered as the potential threat to the country.
The case of Hizbut Tharir of Indonesia (HTI) to have provoked the Indonesian to decide urgently pointing out that all the Political and mass organization should be founded based on Pancasila Ideology and the Political System based on the Constitution of 1945.
The demand on the dissolution of HTI has been called seriously by The Nahdlatul Ulama and the Youth Movement of Ansor. Analyst tend to predict the existence of HTI to have been considered as the actual threat against the Moslem Unity of this country. This is definitely because the movement and the development of the Caliphate (Kilafah Islamiah) in Indonesia done by HTI is eminently active. It is very surprising the number and the character of terrorism to have been increased dramatically. It is really frightening the bombing attack by the suicide bomber will soon replaced by the lone wolf attacker against specific target done by the terrorist.
The Government has urgently responded and to decide The Law No17 of 2013 sdhould be amended rapidly and The Government Regulation No 2 of 2017 has been founded and released on Juli 10, 2017 to replace Law No 17 of 2013 on Mass Organiation.
Definitely it was appreciated and it expectedly will solve the problem of HTI. But Observer likely will be disappointed: first, the Government Regulation No 2 of 2017 is just to feel the vacant regulation for the legal action in Law No 17 of 2013 namely substituting the legal procedure on the general legal action against any Mass Organization which are against the philosophy of Pancasila and The Constitution of 1945.
Second, the main issue is only apparently the Government Regulation No2 of 2017 changed Law No 17 of 2013. The impact to the problem of HTI problem is not significant.
Third, tt is stressed that all the Mass Organization should be founded based on Pancasila and the Constitution of 1945, but not any single word to be stressing that the Caliphate (Kilafah Islamiah) adopts by HTI is forbidden philosophy in Indonesia, though Indonesia highly respect the Moslem Religion.
The Government Regulation No 2 of 2017 is apparently only substituting the legal aspect of Law 17 of 2013, not any single word mentioning HTI and te Calihate(Kilafah Islamiah). There is no word declaring that HTI is dissolved.
Considering that Law No 17 of 2013 on Mass Organization to be apparently weak because it has not founded comprehensively, resulting the Mass Organization that are against Pancasila and the Constitution of the Republic of Indonesia are save so it has apparently Law No 17 of 2013 should be perfected.
Accordingly President Joko Widodo on July 10, 2017 signed the Government Regulation to Replace Law No 17 of 2013 on Mass Organization.
In this new Government Regulation No 2 of 2017 to Replace Law No 17 of 2013 on Mass Organization it is firmly stressed, that the Mass Organization abbreviated as “Mass Org “ is an Indonesian Organization that is founded by the society voluntarily based on the similarity of the aspiration, the will, the necessity, the interest, the activity and the objectives to participate in the national development to gain the national goal of the country of the Unitary State of The Republic of Indonesia based on Pancasila and The Constitution of 1945.
However there is no declaration that HTI is founded to built the Republic of Indonesia based on Pancasila and the Constitutionof 19455, but HTI is founded to built a country based on te Caliphate and trans national political system.
According to this Government Regulation, the “Mass.Org” are forbidden to implement in the same name, the similar attribute of the Government and the flag or the attribute of the government Institution; it is not allowed for the “Mass.Org” to implement without official permit the name, the attribute of another countries/international, leagues or the name and the attribute of another “Mass Org” or the name, the attribute or the flag that is in general similar to the name, character, flag orthe popular identity of another “Mass Org” or Political Party. However there is no declaration that HTI is foreign organization that should be dissolved.
It is also stressed in this Government Regulation No 2 of 2017 any “Mass Org” is not allowed to launch hostile activity against any Tribe, Religion, Race or any group of people, tc create the wrong doing, blasphemy against religion existing in Indonesia, physical assault , to destroy public facility and to launch the physical action as Police.
The “Mass.Org” is strongly forbidden to act banefully to the separatism aspiration against the national sovereignty of the Unitary State of The Republic of Indonesia. All “Mass. Org” are also forbidden to adopt, to develop, to distribute and spread off all Philosophy and all Idea against the philosophy of Pancasila.
Any “Mass.Org” to do against the Government Regulation above is involving the criminal act and granted administrative and criminal sanction as stipulated on Artc 60 of Government Regulationo 2 of 2017.
The Written Warning being intended by this Government Regulation is given only Once (1) within Seven ( 7) working days since the Written Warning is given. If there is any “Mass.Org” to refuse to obey the Warning Letter as mentioned before, the respective Minister Concerns (Minister of Home Affairs) and the Minister for Law, Human Right in line with his legal right authority will grant the sanction of stopping the activity.
In case apparently there is any “Mass. Org” does not follow the sanction to stop its activity, the Minister for Law and Human Right in line with his Legal Right Authority will cancel the legal right of the “Mass.Org” , in term of its Legal Registration and Its Legal for Operation. This description is stipulated on Artc 62 Point (2) of the Government Regulation No 2 of 2017.
The cancellation of the legal status of any “Mass.Org” and the legal declaration of the dissolution of the respective “Mass.Org” is stipulated on the Artc No 80 A of this Government Regulation No 2 of 2017.
This Government Regulation No 2 of 2017 also point out that anybody the former members and/or the member of the leadership council of the respective “Mass.Org” who are intentionally and un intentionally involving in any activity against the Government decision based on Art 59 Point (3)Letter c and d, namely committed in destroying, committed in rioting and disturbing public security, peace and order; destroying public facility and executing physical activity (against alcoholic selling) are punished with 6 up to one year.
Any body the former member of the respective “Mass Org” committed to the activity provoking the situation as mentioned in Art 59 Point (3) letter a and letter b provoking hostile situation among tribes, religion, among group, provoking miss understanding, blasphemy, provoking separatism, against Pancasila, the Constitution of 1945, endangering national unity according to Artc 59 point 4 is granted with jail of 5 up to 20 years.
In Artc 83 A of this Government Regulation No 2 of 2017 since its implementation, all the Legal Regulation as the application of Law No 17 of 23013 on Mass Organization still valid as far as it is not in contradiction with the Government Regulation No 2 of 2017. The Government Regulation No 2 of 2017 comes to valid snce it is announced on July 10, 2017.
Definitely the Government Regulation No 2 of 2017 is much substituting the weak point of legal aspect of the Government Regulation No2 of 2017, but not any statement about the Caliphate and the political doctrine on transnational is against the Four Pillar of the Republic of Indonesia; There is no any statement why HTI should be dissolved; The descripton of the Government Regulation above is more talking about the legal aspect to dissolution of any Mass Organization in general, but does not talk any reason why HTI should be dissolved and how HTI would be dissolved.
*) The Political and Security Observer
By : Lieutenant General (Ret) Soedibyo*
Administrative Sanction as mentioned in this Government Regulastion No 2 of 2017 are consisting of written warning; Stopping the Activity; The dissolution of the Letter on Registration and the dissolution of the Legal Existence.