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Govt moves to ban HTI

Enough is enough: Coordinating Political, Legal and Security Affairs Minister Wiranto (center), accompanied by (left to right) the AGO’s junior attorney for intelligence M

Marguerite Afra Sapiie and Nurul Fitri Ramadhani (The Jakarta Post)
Jakarta
Tue, May 9, 2017

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Govt moves to ban HTI

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span class="inline inline-center">Enough is enough: Coordinating Political, Legal and Security Affairs Minister Wiranto (center), accompanied by (left to right) the AGO’s junior attorney for intelligence M. Adi Toegarisman, Law and Human Rights Minister Yasonna Laoly, Home Minister Tjahjo Kumolo and National Police chief Gen. Tito Karnavian, announces the disbandment of Muslim organization Hizbut Tahrir Indonesia (HTI) in Jakarta on Monday. The HTI was accused of operating against the nation’s state philosophy of Pancasila and the 1945 Constitution.(JP/Wendra Ajistyatama)

Three days after President Joko “Jokowi” Widodo warned that “anti-Pancasila” organizations that “disrupt public order” could be disbanded, the government has decided to seek court approval to ban hard-line Islamist group Hizbut Tahrir Indonesia (HTI) on the grounds that its activities contravene the state ideology and threaten national unity.

The announcement was made on Monday by Coordinating Political, Legal and Security Affairs Minister Wiranto amid rising support for radical ideologies such as the establishment of an Islamic caliphate in Indonesia, the HTI’s main aim.

“As a legally registered organization, the HTI has no positive role in achieving the national goal,” the former Army general told reporters at his office.

The minister added that the HTI promoted values that contravened the 1945 Constitution and threatened public order, which posed a threat to national unity. “For these reasons, the government has decided to ban the HTI,” Wiranto said.

The announcement was made only a day before a court is due to hand down its verdict on Jakarta Governor Basuki “Ahok” Tjahaja Purnama, who has been indicted on blasphemy charges. Several large rallies in Jakarta have demanded the court jail Ahok, who lost his reelection bid on April 19.

“This decision doesn’t mean the government is opposed to Islamic organizations. This is purely about maintaining national unity based on Pancasila and the 1945 Constitution,” he insisted.

The decision was finalized after a series of discussions involving relevant government institutions, including the Home Ministry, the Law and Human Rights Ministry, the Attorney General’s Office (AGO) and the National Police.

Wiranto gave an assurance that the government would proceed with the HTI’s disbandment in accordance with the 2013 Mass Organizations Law, which means the disbandment could become effective no sooner than six months from the government initiating the mechanism.

The law stipulates that the court request should be filed by the AGO with evidence that the government took administrative measures against the organization in question, including three reprimand letters. Each letter is valid for 30 days and the government must wait one month before issuing another reprimand.

When asked if the government had taken the steps set out in the law, Law and Human Rights Minister Yasonna Laoly said only that the government had already carried out efforts to warn the HTI.

“The legal action will be based on the grounds that we already have strong evidence,” Yasonna said without providing further details.

A copy of a law and human rights ministerial decree signed by the director-general of general law administration in 2014, obtained by The Jakarta Post, revealed that the HTI had been registered with the ministry since July 2, 2014.

The ban recommendation, if passed by a court, would make HTI the second mass organization the state has banned according to the 2013 law. The Jokowi administration earlier banned the Fajar Nusantara Movement (Gafatar) and evicted the group from its settlement in Mempawah, West Kalimantan.

HTI spokesman Ismail Yusanto said the organization deplored the government’s decision, saying they had never incited violence or violated the law in their preaching activities.

Ismail added that the HTI had never received a warning letter from the authorities. “We hope the government does not go ahead with the plan because prohibiting preaching violates the right to free expression,” Ismail said, adding that the HTI was not anti-Pancasila.

The government’s move has received mixed views. Lawmaker and Gerindra Party member Ahmad Riza Patria warned the government to follow the steps stipulated in the law.

Islamic-based Prosperous Justice Party (PKS) executive Hidayat Nur Wahid said the government should have held talks with the group by involving organizations such as Nahdlatul Ulama (NU), Muhammadiyah and Indonesian Ulema Council (MUI).

“The state shouldn’t act as if certain Islamic [groups] are problematic and other religious groups are not. Radicalism can be expressed by groups of any religion,” said the deputy speaker of the People’s Consultative Assembly (MPR).

State law expert Yusril Ihza Mahendra warned that the disbandment was a sensitive matter that would affect Muslim communities.

“The government should find out why Islamic groups are getting stronger and why some of them abandon moderate ways and turn radical. Usually, radicalism grows because a group feels victimized and marginalized,” Yusril said.

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