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HTI ban against the law: Experts
Constitutional law experts have said the government's move to ban the hard-line Islamic Hizbut Tahrir Indonesia (HTI) group did not follow proper legal procedures.
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Against radicalism: Coordinating Political, Legal and Security Affairs Minister Wiranto (center), accompanied by Home Minister Tjahjo Kumolo, announces the government's decision to ban the hard-line Islamic Hizbut Tahrir Indonesia (HTI) group in a press conference on May 8. (Kompas.com/File)
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onstitutional law experts have said the government's move to ban the hard-line Islamic Hizbut Tahrir Indonesia (HTI) group did not follow proper legal procedures.
Constitutional law expert Feri Amsari of Andalas University in West Sumatra said the government had not carefully studied the 2013 Mass Organizations Law.
Citing Article 61 of the law, Feri said administrative measures such as issuing warning letters, initiating dialogue, suspending activities and fund freezing should be taken prior to imposing a ban.
He said articles 68 and 69 stipulated a decision to ban a mass organization was in the hands of the courts
“It’s too hasty for the government to immediately ban an organization without carrying out the initial necessary steps,” Feri said. HTI earlier claimed that it had never received a warning letter from the government.
(Read also: Jokowi administration moves to ban Islamic group)
The government announced on Monday that it would ban the HTI on the grounds that it promoted values that contravened Pancasila and the 1945 Constitution. The HTI's main aim is to establish an Islamic caliphate in Indonesia.
Constitutional law expert Asep Warlan Yusuf of Parahyangan Catholic University said the government’s move set a bad precedent.
“The approach has ignored all procedures. The government has closed room for dialogue,” Asep said.
Political expert Hendri Satrio of Paramadina University shared a similar opinion. “Although many people oppose the HTI's ideology, the government must follow the proper procedures.” (ebf)
