Abstract
<em>The term contrarius actus principle is deemed not to exist in Law Number 17 of 2013 on Community Organizations (hereinafter to as CSOs) so that it explicitly states that the Perppu of CSOs contains the principle of contrarius actus in its application. The existence of this principle as referred to in the consideration of the Public Order Perppu lies in the process of applying sanctions where the process is part of the follow-up process of supervisory actions carried out by government officials. Thus, that role in terms of supervision should be studied more deeply in connection with the growth and development of community organizations at this time. The research method with a normative juridical approach, prioritizes library research and its implementation in practice. Research specifications are descriptive. The research phase is carried out through library research, collecting secondary data in the form of primary, secondary, and field research materials to obtain primary data as support. Based on the analysis conducted by the author regarding the role of the principle of contrarius actus in monitoring the growth and development of community organizations, the author raises the role of the principle of contrarius actus in terms of supervision of CSOs as the application of sanctions in the form of administrative sanctions, which are emphasized by the role of responding or reacting to non-compliance with provisions the provisions contained in the decision which in this case are ratification as registered CBOs and also ratification of CSOs as legal entities, in other words that the placement of sanctions in the case of mass organization supervision is a follow-up to the results of monitoring and evaluation by external supervisors with the aim that can control the initial purpose of the establishment of a mass organization that is in accordance with the objectives of the state and national development.</em>
Highlights
Society in the democratic order in its development consciously creates symptoms of organizational activities that occur naturally because essentially each individual has a tendency to live in groups and be organized
That Law No 17 of 2013 concerning Community Organizations has not adhered to the principle of contrarius actus so that it is not effective to implement sanctions against community organizations that adhere to, develop, and spread streams or understandings that are in conflict with the Pancasila and the 1945 Constitution of the Republic of Indonesia
The explanation above provides a common thread that the role of the contrarius actus principle in terms of monitoring CSOs as the application of sanctions in the form of administrative sanctions, which is reinforced by the role to respond or react to noncompliance with the provisions contained in the decision which in this case is ratification as a registered CSO and ratification of CSOs as legal entities, in other words that the placement of sanctions in terms of monitoring CSOs is a follow-up to the results of monitoring and evaluation conducted by external supervisors of CSOs with the aim of being able to control the initial objectives of the formation of an organization that is in accordance with the objectives of the state and national development
Summary
Society in the democratic order in its development consciously creates symptoms of organizational activities that occur naturally because essentially each individual has a tendency to live in groups and be organized. In the level of implementation in the process of continued supervision in terms of imposing sanctions according to Law No 17 of 2013 concerning Community Organizations is considered too complicated and complicated, it is briefly seen that the rules mentioning CSOs that are indicated to have committed violations must be reprimanded in the form of written warnings three times if it still violates, it will freeze further activities if it still violates the new organization. That Law No 17 of 2013 concerning Community Organizations has not adhered to the principle of contrarius actus so that it is not effective to implement sanctions against community organizations that adhere to, develop, and spread streams or understandings that are in conflict with the Pancasila and the 1945 Constitution of the Republic of Indonesia Both aspects lead to the application of effective sanctions which is very relevant to the process of continued oversight of social organizations. Its role in supervision should be studied in more depth in connection with the growth and development of social organizations at this time
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