Abstract
This article aims to analyze the legal framework of freedom of association in post formation of Law No. 2 of 2017 and Law No. 2 of 2017 on the right to assembly in Indonesia. It is claimed that a number of Civil Society Organization (CSOs) threaten the Indonesian government. Those organizations carry out activities which are contrary to the values of the Pancasila and the mandate of the constitution. This article addresses that revocation of Civil Society Organization is not a violation of human rights, especially the freedom of association and assembly. CSOs must comply with the law and state ideology, Pancasila, as Ground Norm and the 1945 Indonesian Constitution. Those CSOs have carried out acts of hostility including words, statements, attitudes or aspirations verbally which create hatred both towards certain groups and against those who fall into the state administration. Those activities potentially cause social conflict between community members leading to chaotic conditions that are difficult to prevent and overcome by law enforcement officials. Therefore, freedom must be limited.
Highlights
Law No 17 of 2013 is considered unable to prevent the spread of ideologies that are contrary to the Pancasila and the 1945 Constitution, both from the substantive aspects related to norms, prohibitions and sanctions as well as existing legal procedures
This is considered an emergency situation and the Government Regulation in lieu of No 2 of 2017 has expanded the definition of understanding that is contrary to Pancasila, as stipulated in the Elucidation of Article 59 paragraph (4) of Law no. 17 of 2013 stating that: [52] “What is meant by ‘teachings that are contrary to Pancasila’ is atheism, communism/Marxism, Leninism, or other ideas aimed at replacing/changing Pancasila and the 1945 Constitution”. [52 para 7]
The expansion of the phrase can effectively act against social organizations that are contrary to the Pancasila ideology and which seek to replace the Indonesian government system
Summary
The right to freedom of association and assembly is guaranteed constitutionally in Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD 1945) stating that “Every person has the right to freedom of association, assembly, and expression.” [1] It is manifested in Article 24 paragraph (2) of Law Number 39 of 1999 on Human Rights (Human Rights Law) stating that: “Every citizen or community group has the right to establish a political party, non-governmental organizations, or other organizations to participate in the running of government and state administration in line with the guidelines for the protection, enforcement and promotion of human rights in accordance with statutory provisions”. [2]there were organizations that carried out activities which were contrary to the values of the Pancasila and the mandate of the constitution. Radicalism is interpreted as a view that wants to make fundamental changes in accordance with its interpretation of social realities and ideologies. In this case, radicalism is an act of violence, extreme, and anarchist as a form of rejection of a phenomenon that is encountered. The Government Regulation in lieu of No 2 of 2017 is considered to be contrary to the principles of the democratic state and violates the principle of checks and balances in a state of taking the role of the judiciary in the process of revocation of a legal entity CSOs. In its development, there was a rejection from various elements of society towards the existence of the Government Regulation in lieu of No 2 of 2017
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