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Jakarta Post

Govt urged to promote transparent legal procedures on HTI ban

Nurul Fitri Ramadhani (The Jakarta Post)
Jakarta
Tue, May 9, 2017

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Govt urged to promote transparent legal procedures on HTI ban Setara Institute chairman Hendardi speaks to journalists on the sidelines of an event in Jakarta. (Kompas.com/Abba Gabrillin)

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ights groups have urged the government to respect the legal procedures stipulated in the 2013 Mass Organizations Law following its announcement to ban hard-line Islamist group Hizbut Tahrir Indonesia (HTI).

Activists have also called on the government to make sure freedom of expression was not compromised.

Setara Institute chairman Hendardi said he supported the government’s move to ban mass organizations deemed to promote beliefs that contravened the Pancasila state ideology, however such moves must be carried out transparently and through the proper legal mechanisms.

 “The government can only ban the HTI as an organization. Its followers, or those who support the idea of an Islamic caliphate, are not subject to criminalization because the state can’t restrict freedom of expression,” Hendardi said.

(Read also: Government urged to consult courts on banning HTI)

Coordinating Political, Legal and Security Affairs Minister Wiranto announced on Monday that the government was set to ban the HTI because the group promoted “anti-Pancasila” ideologies and beliefs that contravened the Constitution.

However, the law regulates lengthy procedures, including the issuance of warnings and temporary suspensions, before a request to disband a mass organization can be filed with the court.

Coordinating Political, Legal and Security Affairs Minister Wiranto (right) talks with State Intelligence Agency (BIN) head Budi Gunawan (left) before a limited Cabinet meeting at the Presidential Office in Jakarta.(Antara/Widodo S. Jusuf)

The HTI claimed it had yet to receive a warning from the government.

The Institute for Policy Research and Advocacy (ELSAM) is of the opinion that a ban on a mass organization should only be a last resort.

“If the government moves too hasty, it can threaten our rights to freedom of association. It should avoid carrying out repressive acts. Softer measures, such as dialogue, should be conducted before a ban,” it said in a statement. (bbs)

 

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