Analisis Terhadap Penghapusan Proses Peradilan Dalam Pembubaran Organisasi Kemasyarakatan (Studi Peraturan Pengganti Undang-Undang No 2 Tahun 2017)

Abstract

This paper aims to review the changes in the role of the judiciary in the dissolution of social organizations through the enactment of Government Regulation in Lieu of Law Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Community Organizations (‘Perppu on Ormas’). This study is focused and limitated to the following question: how is the human rights point of view on the abolition of the judicial process in the right to freedom of association and its implications in Government Regulation in Lieu of Law Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Community Organizations? The method used in this research is normative juridical research by studying and analyzing research objects based on qualitative data. The results of the research conclude that negating the function of the judiciary can have an impact on the recognition and protection of human rights, considering the forms of limitations, especially those regulated by law, must be tested through the judiciary mechanism to prevent the violation of that human rights. With the enactment of the Perppu on Ormsa which alters the process of revocation of legal entity status which initially had to go through a judicial process and has permanent legal force (inkracht van gewijsde), to revocation of legal entity status does not require a court decision and can be carried out by the government (as executive body) on the basis of the principle contrarisu actus is a legal policy that is inappropriate according to theory of limitations on human rights. This is due to the view that rights are not an offering from the State and this concerns the right to freedom of association and gathering