CIDISS. To curb community organization in Indonesia, the Government has approved Perppu No. 2 of 2017 to become Law since October 24, 2017. Previously, the Directorate General of General Law Administration of the Ministry of Law and Human Rights revoked the status of Hizbut Tahrir Indonesia (HTI)
Revocation of legal entity status is based on Decree of Minister of Law and Human Right Number AHU-30.AH.01.08 year 2017 about revocation of Decree of Minister of Law and Human Rights number AHU-0028.60.10.2014 about legalization of establishment of legal entity of HTI association.
This Perppu was made after the government announced the dissolution of HTI mass organizations considered anti-Pancasila. Dissolution of HTI itself, actually has many reasons, firstly, as organizations that have legal entities, HTI does not carry a positive role to take part in the development process in order to achieve national goals.
Secondly, activities carried out by HTI indicated strongly against the objectives, principles, and characteristics based on Pancasila and the 1945 Constitution of the Republic of Indonesia as stipulated in Law Number 17 Year 2013 concerning CBOs. Third, HTI activities are considered to have caused a collision in the community that can threaten the security and public order, and endanger the integrity of the Unitary Republic of Indonesia.
Following its dissolution, HTI has submitted a review of the matter of the Public Order Regulation to the Constitutional Court on July 18, 2017, but the submitted material test of the CBOs was declared in the end of the Act on Social Organization in October.
Although the initial lawsuit was declared dead, but Hizb ut-Tahrir Indonesia spokesman Ismail Yusanto stated that his side will soon file a lawsuit against the Constitutional Court after the Government Regulation in Lieu of Law No. 2 of 2017 on Community Organization (Perppu) CSOs) is set to become law.
Steps taken by the government, is a binding absolute legal force. Especially now HTI is not an official organization of legal entities and registered in the government in the course of many acts of violence and carrying the ideology of the khilafah is largely transnational-oriented negate nation state. Therefore, the Judicial Review law is not relevant by HTI.
By: Mirwan Achmad*)
