A Review of Government’s Constitutional Authority in Issuing a Regulation in Lieu of Law on Disbanding Mass Organization

Abstract

Disbandment of a mass organization known as Hiszbut Tahrir Indonesia (HTI) has provoked debate over whether the action taken by the government through the minister of coordinating political, legal, and security affairs, Wiranto, to disband Hiszbut Tahrir Indonesia (HTI) complied with the law and did not violate human rights (HAM). The intention to disband the organization was initially due to consideration that its activities are regarded potentially threatening national political sovereignty. Hiszbut Tahrir Indonesia (HTI) adopted khilafah ideology, which was basically transnational, oriented towards abolishing nation state. The existence of mass organization (ormas) is essentially an implementation of rights to assemble, associate, and express opinions, in addition to political parties which are protected and guaranteed by the constitution. It needs to bear in mind, however, despite being guaranteed by the 1945 constitution, mass organization ia not expected to hold liberating activities. Disbandment of Hiszbut Tahrir Indonesia (HTI) was undertaken by the government by issuing regulation in lieu of law (Perppu) No. 2 of 2017. The emergence of the regulation has sparked off long debate and polemic. One of the reasons underlying the debate over the regulation in lieu of law No. 2 of 2017 on disbandment of mass organization is critical situation which enforces the government to issue the regulation