By:
Prof. Dr Indriyanto Seno Adji, SH, MA.
Lecturer at PPS Bid, UI Law Studies.
There is no need to become a polemic about the prohibition of FPI activities. This is a facet issue of HTN, HAN with the impact of criminal law if the violation is carried out, and therefore the Government Decree through the SKB has legality that can be legally accounted for. Therefore, it should be fully appreciated and supported by all components of the nation,
From this research by the Ministry of Home Affairs, FPI’s AD / ART contradicts the Ormas Law as confirmed in Article 1 of Law no. 16/2017 concerning Ormas, and the Ministry of Home Affairs has NOT issued a Registered Certificate for FPI until now.
The Ministry of Law & Human Rights has the authority to evaluate the legal status of mass organizations as legal entities, and FPI has never been registered as a legal entity.
From a legal standpoint, this FPI identity deserves to be considered as an illegal OTB (Formless Organization), especially if its activities and activities are found and the substance of the application of Islam as a Kafah is found under the auspices of the (State) Khilafah Islamiyah and raises the name and word NKRI Bersyariah,
The prohibition of FPI activities and activities must be interpreted as to all forms of organs and their changes, either directly or indirectly with all the attributes and symbols of the organs and their changes, therefore violations of this prohibition are a form of new law violations, especially with a vision and mission that still does not recognize Pancasila. UUD’45 and NKRI,
Changing the FPI’s name, without requiring the registration of the name change is still contrary to the laws (UU Ormas and KUHP) and is not valid.
Changing the name and the new form of the prohibited organization that remains based on the Islamic caliphate state is a form of defiance of state power and the legal constitution and therefore violates the law which must be dealt with strictly,
Changing the name and form of the new organization without going through the applicable legal procedures, becomes the basis for the Government to make the Decree on the Disbandment and Prohibition of Activities and Activities of the New Community Organization
As long as the SKB is deemed to meet the Concrete (prohibition), Individual (FPI), Final (Prohibition of FPI Activities) requirements, the Regulatory Law grants the right to sue the SKB, which the Regulation will assess the issuance of the SKB from the Formal side (whether the SKB issuance mechanism is valid or not) and from the material side (whether there is a violation of the law on the material / substance of the SKB),
The weakness of dr FPI is the absurdity from the legal standing side of FPI, namely de jure that FPI’s legal status as an Ormas has never been registered as a legal entity at the Ministry of Law and Human Rights, and since June 20 2019, FPI has not had a Certificate of Registration from the Ministry of Home Affairs to carry out its activities and activities. , so that there is no FPI Legal Standing as a Legal Entity. (Subjects that can file a lawsuit).