A Review of Government’s Constitutional Authority in Issuing a Regulation in Lieu of Law on Disbanding Mass Organization
Date
2020-07-02Author
WAHANISA, Rofi
ANGGONO, Bayu Dwi
MULYANTO, Mulyanto
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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
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- LSP-Jurnal Ilmiah Dosen [7292]