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 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 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 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 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

scholarly journals SIKAP ORGANISASI KEMASYARAKATAN ISLAM TERHADAP UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN DAN PERPU NOMOR 2 TAHUN 2017 (Perspektif Studi Kebijakan Dakwah)

2018 ◽  
Vol 37 (1) ◽  
pp. 108
Author(s):  
Muhammad Abdul Azis
Keyword(s):  
Human Rights ◽  
State Government ◽  
Real Life ◽  
The State ◽  
New Order ◽  
Freedom Of Association ◽  
Reform Era ◽  
The Future ◽  
The Republic ◽  
The Government

<p><em>Freedom of association, assembly and expression is a part of human rights guaranteed by the 1945 Constitution of the State of the Republic of Indonesia. This freedom also includes the propagation of religious teachings as an ideology for transformation to real life. For Muslims, especially da'i certainly have great ideals for the realization of a prosperous fair society that is directed by Allah SWT. It can be fought, one of which can be through social organization.During the 72 years of independent Indonesia, several regulations issued by the government to regulate the system and mechanisms of mass organizations have added controversy to Islamic mass organizations. In the new order, some organizations threatened to be dissolved and not recognized for rejecting the sole principle of Pancasila. The dynamic continues until the reform era. This can be an afterthought for the da'wah perpetrators, especially those who take the path of the organization to pay more attention to the basic aspects of administrative formation with respect to the state / government, because it will subsequently be very influential on the sustainability of da'wah in the future.</em></p>

scholarly journals E-INTEGRATIVE CONTROL SYSTEM AS A COMMUNITY ORGANIZATION SUPERVISION DESIGN TO REALIZE THE CONCEPT OF STATE

Jurnal Hukum ◽  
2020 ◽  
Vol 36 (2) ◽  
pp. 117
Author(s):  
Wahyu Beny Mukti Setyawan ◽  
Fery Dona
Keyword(s):  
Human Rights ◽  
Control System ◽  
Community Organization ◽  
The State ◽  
State Sovereignty ◽  
Effective Solution ◽  
Social Organizations ◽  
The People ◽  
The Republic ◽  
The Government

The government, as the party that has the mandate from the people tosa feguar ditsso vereignty, has revoked permits for the establish men to social organizations which are deemed contrary to the ideology of the State. The Ministryof Law and Human Rights as the party that grants the permit can immediately revokethelicense on the basis of the contractus actus principle  contained in the Perppu No. 2 of 2017 concerning Amendmentsto Law No. 17 of 2013 concerning Community Organization. Even though they have taken repressive steps, the Ministry of Law and Human Rights has not taken any preventiveaction in obstructing and preventing theemergence of social organizations that are contrary to the ideology of the State. There fore the authors providean effective solution in theformofan E-Integrative Control System as a Social Organization Supervision Design to Realize the Concept of State Sovereignty so that the Government as the party responsible for granting perm its for the establish men to social organizations and contradicting stateideology. Which could threaten theso vereigntyandintegrity of the Unitary State of the Republic of Indonesia.

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 Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

2019 ◽  
Vol 1 (1) ◽  
pp. 51-58
Author(s):  
Fachrizza Sidi Pratama
Keyword(s):  
State Government ◽  
Government Regulation ◽  
The State ◽  
Government Regulations ◽  
The Republic ◽  
The Government ◽  
Renewal Period ◽  
Law Regulation ◽  
Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function.  Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.  

scholarly journals PENGGUNAAN KATA TABU DI MEDIA SOSIAL: KAJIAN LINGUISTIK FORENSIK

2019 ◽  
Vol 20 (2) ◽  
pp. 120
Author(s):  
Nadhifa Indana Zulfa Rahman
Keyword(s):  
Social Media ◽  
Government Regulation ◽  
Criminal Code ◽  
Media Communication ◽  
Taboo Words ◽  
The Law ◽  
The Republic ◽  
The Government ◽  
Active Communication ◽  
Equivalent Method

The freedom in social media communication have not been responded wisely by the citizen of the net (netizen). Sometimes while expressing themselves in the social media, netizens used the taboo words which potentially break the law. The problems chosen in this research is a type of taboo words used by the netizen and also whether these expressed words have a potential to violate the law. The method to collect the data is “Simak bebas libat cakap“(SBLC), it is a method where there is no active communication between interviewer and interviewee but it is only taken the data from internet, then to transcribe the taken data. The following step is analyzing data which used referential equivalent method, then the results of the analysis were presented informally. The findings showed that taboo words used in social media consisted of: (1) obscene words, (2) vulgar language, and (3) nick name and insult. These taboo words potentially violate the government regulation of the Republic Indonesia number 11 of 2008 concerning electronic information and transactions article 27 paragraph (3) and article 45 paragraph (1) as well as article 310 section (1) and article 311 section (1) of the Indonesian Criminal Code concerning defamation. Therefore, netizens must be careful in the way how communicate. Criminal Code, defamation, forensic linguistics, ITE Law, netizen, social media, taboo 

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