Protect the Nation; Indonesian President Enactment government regulation in lieu of Law’ (Perppu) 2/2017

By: Choirul Fuadi)*

CIDISS – Lately, the people of Indonesia are hotly debated through the enactment of new laws. The law, by government’s perspective is a solution to the problems occurring in Indonesia. In the midst of the news hoax, hate speech, separatism, until ideology that different from Ideology Pancasila, also become the factor cause the enactment of this law.

In the era of social media, people would be easily share information that might be charged with hoax or hate speech against tribes, races and religions. If that happens, Indonesia as home for hundreds of tribes, languages, and religions becomes unfavorable/ not conducive.

The Government has enacted Government Regulation in Lieu of Law (Perppu) No. 2/2017 as amendment to Law Number 17/2013 on Social Organization. Perppu 2/2017 was signed by President Joko Widodo on Monday, July 10, 2017, and has been published on the website of the State Secretariat.

This Perppu affirms the government’s stance in protect the Republic of Indonesia against threats to the future of Indonesian life and the existence of the Republic of Indonesia in terms of ideology and other aspects. As known, President Joko Widodo has given a harsh statement that will be “gebuk/ hit” organization that tries to disturb Indonesia.

In that regulation, there is a wider prohibition of the previous rule in Law 17/2013 on social organization, which is definition of understanding/ ideology that contradicts to Pancasila, separatism and hate speech.

The enactment of the Perppu, make people pro and contra. This Perppu on social organization is considered as weapon for combat the anti-Pancasila social organizations. On the other hand, some argue that this Perppu violate the human right to associate and to argue.

However, the government through the Coordinating Minister for Political, Legal and Security Affairs, Wiranto said that the government will not do any arbitrary in order to organize social organizations but always based on the reasons and urgency. And according to him, the government has a strong reason to issue the Perppu.

According to Wiranto, there are three reasons for the government to issue the Perppu, firstly in accordance with the decision of the Constitutional Court Number 138 / PUU-VII / 2009.

“The President able to issue the Perppu on the basis of a needy situation or urgent situation to solve legal problems quickly based on the law,” said Wiranto, in a press conference at the office of Kemenko Polhukam via kompas.com,

Second, it’s due to inadequate legal regulation. According to Wiranto, the Perppu able be issue to provide a solution in avoiding a legal vacuum. Thirdly, the Perppu can be issued if the legal void cannot be overcome by means of a new law.

In addition, the government considers this Perppu to be merely to protect the national ideology and not to impose democratic freedom limits.

In the Perppu, it is explained the social organizations are prohibited from “embracing, developing, and disseminating teachings or understandings/ideology that are contrary to Pancasila.” It is also suggested that the meaning of this chapter, “teachings or ideology that contradict Pancasila” includes atheism, communism / marxism-leninism, or other ideology aimed to change/replace the Pancasila and the 1945 Constitution of Indonesian Republic. “

In addition, the Perppu also discussed about the prohibition of making hate speech based on race, ethnicity and religion. Not only the ban, perppu also discussed about sanctions for violations committed. It aims to create conducive situations in community.