The Government Regulation No 2/2017 Is Made To Protect The Country From Un-Nationalist Mass Organization

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 HizbutTharir 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.

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.

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  any   body  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.

*)  Lieutenant General (Ret) Soedibyo, The  Political and  Security Observer.