scholarly journals ANALISIS PEMBUBARAN ORGANISASI KEMASYARAKATAN DALAM PERSPEKTIF ASAS CONTARIUS ACTUS DALAM NEGARA HUKUM

2021 ◽  
Vol 6 (02) ◽  
pp. 57-78
Author(s):  
Moh. Jatim
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
State Law ◽  
Freedom Of Association ◽  
The Law ◽  
The Government

Abstrak Pemerintah mempunyai hak mutlak di dalam membubarkan Organisasi kemasyarakatan setelah di sahkannya Peraturan pemerintah Pengganti Undang-Undang No 2 Tahun 2017 menjadi Undang-Undang Nomor 16 Tahun 2017 Tentang Organisasi Kemasyarakatann, hal ini jelas tidak mencerminkan prinsip dari sebuah negara yang mengeklaim dirinya sebagai Negara yang menjunjung supremasi hukum, dimana ciri-ciri dari Negara hukum itu menjunjung tinggi tentang hak asasi manusia dan pembagian kekuasaan. Argumentasi penggunaan asas contarius Actus sebagai alasan mendesak untuk membentuk suatu Peraturan Pemerintah Pengganti Undang Undang yang kemudian di sahkan menjadi Undang Undang memberikan batasan terhadap kemerdekaan berserikat yang di jamin oleh Pasal 28 dan Pasal 28J Undang-Undang Dasar tahun 1945. Berdasarkan Undang Undang Dasar  Tahun 1945, sistem check and balances (pengawasan dan keseimbangan) sangat penting di tekankan di dalam pembagian kekuasaan yang jelas antara fungsi Eksekutif dan yudikatif. Artinya, di dalam pembubaran sebuah organisasi haruslah melibatkan pengadilan dengan cara melakukan penataan penyelesaian asas peradilan yang cepat, sederhana dan dengan biaya ringan sehingga proses penyelesaian sebuah masalah bisa di laksanakan secara singkat dan cepat. Kata Kunci : Organisasi kemasyarakatan, Negara Hukum, Kekuasaan   Abstract The government has an absolute right in disbanding the Community Organization after the enactment of the Government Regulation Replacement Law No. 2 of 2017 into Law No. 16 of 2017 on Community Organizations, this clearly does not reflect the principle of a country that claims itself as a State that upholds the supremacy of the law, where the characteristics of the State law upholds human rights and the division of power. The argument of the use of the principle of contarius Actus as an urgent reason to form a Government Regulation Replacement Law which is then authorized into law provides limits on the freedom of association guaranteed by Article 28 and Article 28J of the Constitution of 1945. Based on the 1945 Constitution, the system of check and balances is very important in the clear division of power between the Executive and judicial functions. That is, in the dissolution of an organization must involve the court by structuring the settlement of judicial principles quickly, simply and at a small cost so that the process of solving a problem can be carried out briefly and quickly. Keywords: Community Organization, State of Law, Power

scholarly journals Problematika Peraturan Pengganti Undang-Undang Nomor 1 Tahun 2017 tentang Organisasi Masyarakat

2019 ◽  
pp. 226-237
Author(s):  
Rezki Robiatul Aisyiah Ismail
Keyword(s):  
Human Rights ◽  
Social Organization ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
Freedom Of Association ◽  
The Law ◽  
The Republic ◽  
The Government

Indonesia is a democratic constitutional state set forth in article 1 paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia, as a legal state for running a state and protection of human rights under the law. One of them is in Article 28 E Paragraph (3) of the 1945 Constitution of the State of the Republic of Indonesia which states that everyone has the right to freedom of association, assembly, and expression. The regulation concerning the Organization of the Community is in fact set out in Law No. 17 of 2013 on Community Organizations. Community organization is an organization founded and formed by the community voluntarily based on the similarity of aspirations, wills, needs, interests, activities and objectives to participate in development in order to achieve the objectives of the Unitary State of the Republic of Indonesia based on Pancasila. Community organizations may be in the form of two, incorporated and non-legal entities. The Government issued a Regulation in Lieu of Law of the Republic of Indonesia Number 2 Year 2017 on the amendment to Law No. 17 of 2013 on Social Organization and then with the Regulation of Lieu of the Law the government made a policy that the Government in this case gave authority to the Ministry of Justice and Human Rights Asasi Manusia dissolved social organization which contradict with principle of Pancasila one of them is Hizbut Tahrir Indonesia discussion Government Regulation of society organization still has weakness substantially. Government regulation in lieu of laws of community organizations in order to reinforce the principle of contrarius actus is not appropriate because it has actually attached to government officials without the need to be affirmed in the legislation.

scholarly journals KEDUDUKAN ORGANISASI KEMASYARAKATAN ASING DI INDONESIA DI TINJAU DARI PERATURAN PEMERINTAH NOMOR 59 TAHUN 2016

2018 ◽  
Vol 3 (2) ◽  
pp. 198
Author(s):  
Elwidarifa Marwenny ◽  
Engrina Fauzi ◽  
Jelisye Putri Cenery
Keyword(s):  
Human Rights ◽  
Qualitative Method ◽  
Government Regulation ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
The Other ◽  
Human Right ◽  
Other Hand ◽  
The Government

One of the form of applying the value of democratic in Indonesia is accommodate by the regulation of community organization which is concretely regulated in the provisions of article 28 E Paragraph 3 of the 1945 constitution also in the provisions of law number 39 of 1999 on Human Rights. The existence of community organizations does have a great constribution in the implementation of the state, but on the other hand the existence of people raises the pro and contra. The enecment of government regulation number 59 on community organization established by foreign citizens makes the community more worried if the exixtance of community organizations affect the sovereignty of NKRI because they have different ideology with Indonesia. Based on this, it should be discussed about the organizations in Indonesia. The position of foreign social organizatios in Indonesia is reviwed from the government regulation number 59 of 2016 on community organizations established by foreign citizens and the influence of basic organizations for the sovereignty of NKRI. To answer that question, qualitative method is used  as a means to answer the problem by conducting of normative juridical approach which is done by reviewing the law and the literature. Based on this study, it is concluded that the existence of foreign social organizatios in Indonesia in line with  democracy and human right but also politically can treaten NKRI.

scholarly journals Kajian Yuridis Organisasi Masyarakat Pada Komitmen Kehidupan Bermasyarakat dan Bernegara DI Wilayah NKRI

2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Vieta I Cornelis
Keyword(s):  
Human Rights ◽  
Community Organization ◽  
The State ◽  
Freedom Of Association ◽  
The People ◽  
The Law ◽  
The Right

Freedom of association to gather and express opinion is apart of human rights in the life of nation and state in the country of Indonesia.The consept of article 1 act 2 UUD 1945 opens space of consequences which is the principle of democracy and law.The law is represented by law and repsentative democracy by the sovereignty of the people,it means that in the implementation of all the life of the state,democracy plays an important role for the state process.The amendment reforms clearly put the issue of appreciation for community organizatio. Then finally develoved the right of other rights,which then regulted more clearly in the article that has been amnademen article but still on the commitment that still run by the Law on conition that the destination of the country committed NKRI is the price of death.Keys Words : Freedom of association , The amendment reforms, Goverment, Community Organization

scholarly journals DIALEKTIKA PENGUNGKAPAN IDENTITAS MANTAN ANGGOTA HIZBUT TAHRIR INDONESIA (HTI) KOTA MATARAM

TASAMUH ◽  
2018 ◽  
Vol 15 (2) ◽  
pp. 45-60
Author(s):  
Muhammad Syaoki
Keyword(s):  
Human Rights ◽  
Community Organization ◽  
Community Organizations ◽  
The State ◽  
Civil Servants ◽  
Patterns Of Communication ◽  
The Government ◽  
The Impact

The President formally issued Perppu No / 02 / Year / 2017 on Community Organizations. Then the Ministry of Law and Human Rights officially freeze the Hizb ut-Tahrir Indonesia (HTI) community organization because it is considered against the Pancasila. The impact of the government also directly prohibits all activities related to HTI. Kemendagri forbids all Civil Servants (PNS) to become HTI members, otherwise, their status as civil servants will be revoked. Even had also circulated a list of names of HTI members who served as civil servants of the State (ASN). This study aims to see the patterns of communication made by HTI members of Mataram city after the publication of Perppu No / 02 / Tahun / 2017 and freezing of HTI SK by Kemenkumham. The results of this study indicate that the HTI of Mataram responded to the release of Perppu no / 02/2017 and HTI freezing in several ways, including no longer using HTI identity when conveying the idea of Khilafah, abolishing the name of HTI in weekly bulletins dispersed in mosques but still explore the idea of Khilafah.

scholarly journals Legitimasi Peraturan Pemerintah Pengganti Undang-Undang dalam Ratifikasi Perjanjian Internasional Tertentu

Lentera Hukum ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 343
Author(s):  
Fitri Lestari
Keyword(s):  
Government Regulation ◽  
International Agreements ◽  
The State ◽  
International Agreement ◽  
National Interests ◽  
The Law ◽  
The Government ◽  
International Instruments ◽  
International Conventions

One of the challenges for the state is on how it carries out the ratification of international agreements. Indonesia has arduous tasks due to its late to ratify international conventions or agreements, even though such international instruments are needed for national interests. Based on Law Number 24 of 2000 on the International Agreement it is stipulated that the ratification of an international agreement in Indonesia uses two instruments, inter alia the law and presidential regulations. To adhere to this view, the compelling exigency is essential to analyze as it has been a challenge to overcome and anticipate obstacles in the ratification process and therefore it needs to set a period of time to ratify special international agreements. Ratification of international agreements through the Perppu (the government regulation in lieu of law) is very possible because its legitimacy is equivalent to the law but it should be the last priority. Keywords: Ratification, International Agreement, Perppu

scholarly journals Limitation and Reduction Human Rights in Indonesia Through Substitute Government Regulations

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Marli Candra ◽  
Tigor Einstein ◽  
Muhammad Ishar Helmi
Keyword(s):  
Human Rights ◽  
Government Regulation ◽  
Government Regulations ◽  
Material Content ◽  
The Law ◽  
The Government

AbstractSubtitute Governmental Regulations of law (Perppu) and Laws are two legislation products that are formed through different mechanisms with different formation reasons. Both also have a tendency to contain different material. However, the existence of Article 11 of Law Number 12 Year 2011 and the absence of restrictions on the material content in the Perppu has resulted in issuing Perppu by president which contains material that should be regulated in the Law. One of the Perppu contents is concerning the limitation and or reduction of human rights. The Perppu that has been issued has caused controversy among the community, namely the Government Regulation in substituting Law Number 1 of 2002 concerning Eradication of Terrorism Crimes, and the lastly is Subtitute Governmental Regulations of law Number 2 of 2017 concerning Amendment to Law Number 17 2013 about Community Organizations.Keywords: Limitation and/or Reduction, Human Rights, Perppu

scholarly journals The Retroactive Principle in Law No. 26 of 2000 concerning the court of human rights

2020 ◽  
Vol 1 (2) ◽  
pp. 139
Author(s):  
Ricky Tongam Marpahala Siahaan ◽  
Candra Perbawati ◽  
Ahmad Saleh
Keyword(s):  
Human Rights ◽  
Research Methods ◽  
Secondary Data ◽  
The State ◽  
Human Rights Violations ◽  
Legal Rules ◽  
The Past ◽  
Protection Of Human Rights ◽  
The Law ◽  
The Government

Protection of human rights is a responsibility that must be carried out by the state, in this case the state must also resolve cases of human rights violations that have occurred. There are many cases of human rights violations that occurred in the past but cannot be resolved because there are no legal rules that govern at that time. The presence of Law Number 26 of 2000 concerning the court of human rightss is certainly a way for the government to resolve the problem of gross human rights violations in the past. The principle of retroactivity was included in Law Number 26 of 2000 concerning the court of human rightss so that gross violations of human rights that occurred in the past could be resolved. The retroactive principle in Law Number 26 of 2000 concerning the court of human rightss is considered to violate existing regulations in Indonesia, especially it is considered contrary to the 1945 Constitution. -Law Number 26 of 2000 concerning the court of human rightss. This research uses normative research methods. The data used are secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that the application of the retroactive principle in Law Number 26 of 2000 concerning the court of human rightss does not contain elements that are absolutely contradictory to the Law. 1945 foundation.

scholarly journals PEMBUBARAN ORMAS “RADIKAL” DALAM PERSEPEKTIF PERUNDANG-UNDANGAN (Kajian Khusus Perppu No. 02 Tahun 2017)

Nuansa ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Imam Mahdi
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Community Organizations ◽  
The State ◽  
Public Organization ◽  
Legal Action ◽  
Legal Basis ◽  
Pros And Cons ◽  
The Republic ◽  
The Government

The Government Regulation on Law Enforcement (Perppu), has the same  legal force as the law, but is tem- porary because it must  obtain approval by the Parliament. Exit of Perppu No. 2 Year 2017 on Amendment to Law no. 17Year 2003 on Public  Organization. The legal basis  of the President to issue  the Perppu is stipulated in Article 22 of the1945 Constitution of the Republic of Indonesia, essentially the Perppu is issued because of the urgency of the matter, meaning that  if not issued by the Perppu, the government can not take legal action for the interest of the State. In fact, this Perppu is used to dissolve community organizations, especially Hizbur Tahrir Indonesia (HTI) which is considered by the government to deviate from Pancasila ideology and endanger the integrity of NKRI. As a result, there are pros and cons against Perppu No. 2 Year 2017. .

scholarly journals A Consistent Inconsistency—An Interpretationof Sections 23 and 56(1) of the Charter of Human Rights and Freedoms of Québec

2016 ◽  
Vol 28 (3) ◽  
pp. 379-403
Author(s):  
Barbara Pierre
Keyword(s):  
Human Rights ◽  
Separation Of Powers ◽  
Attorney General ◽  
Supreme Court Decision ◽  
The State ◽  
Fundamental Rights ◽  
The Law ◽  
The Difference ◽  
The Government ◽  
The Right

The writer advocates the view that courts interpret statutes so as to achieve their aim; that being justice in the case: as between the parties and in respect of the law. This is identified as the common thread that explains the apparent erratic behaviour of the courts in their use of the various methods or rules of interpretation. The Supreme Court decision, Attorney General of Québec v. 2747-3174 Québec Inc., is analysed against the background of this theory and is seen to give support to it. The court is shown to use various rules of interpretation, which lead the majority to a wide, and the minority to a narrow, interpretation of the Charter of Human Rights and Freedoms of Québec. Yet it is clear that in both cases the rules are merely a means to an end: justice as between the parties and in respect of the law. In context of the case, this means establishing a balance between the competing interests of the State and the citizen that conforms to the law relating to fundamental rights and in particular, the Charter of Human Rights and Freedoms of Québec. As far as the State is concerned, it has a vested interest in confirming the constitutionality of its many administrative tribunals, which play an essential role in enabling the State to discharge its responsibility to govern. Citizens, on the other hand, need to be protected from the violation of their rights, in particular the right to an independent and impartial tribunal in matters relating to the determination of their rights and obligations, or charges brought against them. The Charter must be interpreted so that, in its scope and content, it gives real protection, but, consistent with the separation of powers doctrine, the interpretation must not amount to a usurpation by the courts of the role of the government to govern. The writer concludes that the opposing conclusions of the majority and minority are more a consequence of the difference in the opinion of the judges as to the manner in which the balance should be struck, as opposed to the rules of interpretation used by them.

scholarly journals Judicial Review On The Authority Of National Institution In The Disbanding Of Community Organization Who Are Contradicting The 1945 Constitution Of The Republic Of Indonesia

2019 ◽  
Vol 7 (12) ◽  
pp. 1-18
Author(s):  
Theo Negoro ◽  
Demson Tiopan ◽  
Haykal Hassanain
Keyword(s):  
Supreme Court ◽  
Government Regulation ◽  
Community Organization ◽  
Secondary Data ◽  
Community Organizations ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Temporary Suspension ◽  
The Republic ◽  
The Government

A community organization who contradicts the constitution will obviously disturb the common order and also disturb the system of Indonesian people and the nation itself, especially if such organization aims to change the Indonesian constitution. In Chapter XVII of Law Number 17 of 2013 regarding Community Organization, later known as the Community Organization Law, it is stated that the disbanding of community organization must go through a procedure which consist of a warning, temporary suspension and then the disbanding by the court of law. In the Community Organization Law, the disbanding of an organization is done by a Judicative Institution which is through the decision of a judicial board. However, the Government Regulation in Lieu of Law Number 2 of 2017 regarding the Amendment on Law Number 17 of 2013 regarding Community Organization, later known as the Government Regulation in Lieu of Community Organization Law states that the disbanding of a Community Organization contradicting the constitution only goes through the administrative admonition, temporary suspension of activity, and later the revocation of listed certification or the revocation of lawful institution status by the Government. The purpose of this research is to discover the authority of National Institution in disbanding Community Organization that contradicts the 1945 Constitution of the Republic of Indonesia and also the authoritative obstacle faced by the national institution in dissolving such organizations. This research is a normative one which researched existing secondary data as a literary data supported by empirical data acquired from interview processes. Result of the research shows that the governmental institution which in this case are the Ministry of Law and Human Rights and Judicative Institution which in this case the Supreme Court has authority to disband Community Organizations that contradicts the 1945 Constitution of the Republic of Indonesia based on normative terms. However, in order to establish justice on said organization, the disbanding must be done by Judicative Institution so that it is more objective, but not by the Supreme Court, but by the Constitutional Court, due to the existence of Public Organizations being closely related to the Constitutional Right the way it is for the Political Parties. This research suggests that the disbanding of Community Organizations that contradicts the 1945 Constitution of the Republic of Indonesia should be done by the Constitutional Court, preceded by material check on the applicable positive law.   Keywords: Authority; National Institution; Community Organization; Constitution

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