TheJakartaPost
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Why Perppu on mass groups is flawed
Its contents run counter to the fundamental legal principle stipulated in the Constitution.
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Hizbut Tahrir Indonesia members and sympathizers of Islamic organizations from Greater Jakarta stage a rally to protest the 2017 presidential regulation in lieu of law (Perppu) on Mass Organizations in Jakarta on July 17. (JP/Ibrahim Irsyad)
T
he government finally outlawed on July 20 Hizbut Tahrir Indonesia (HTI), an Islamic group deemed by many as radical, because of the conviction that it posed a threat to Pancasila state ideology and the Constitution.
The move followed the issuance of a government regulation in lieu of law (Perppu) that revised Law No. 17/2013 on mass organizations.
Although the government might feel there is an urgency to take action to halt a worrying development of radical groups in Indonesia, it seems it moved too quickly and the policy has created some juridical and philosophical problems.
The main juridical fault with the Perppu is the absence of judicial process prior to the administrative sanction imposed by the government against a group considered to have violated the prescribed law.
