End Year Reflection, FH UMY Discusses the Result of Organization Law Judicial Review


Constitutional Court’s decision to cancel and amend several articles of Law No. 17/2013 on Mass Organization is the essential aspect to Indonesian democracy since the decision would provide the organization freedom to gather and avoid government intervention in mass organization. PP Muhammadiyah as a plaintiff recommended discussing a Bill (RUU) of Association instead of the Law of Mass Organization.

The aforementioned paragraph was stated by the attorney of PP Muhammadiyah, Dr. Trisno Raharjo, S.H., M.Hum., in an event of End Year Reflection of Law Faculty of Universitas Muhammadiyah Yogyakarta in a Law Laboratory of UMY on Monday (29/12). Dr. Trisno Raharjo, who is also the Dean of Law Faculty of Universitas Muhammadiyah Yogyakarta, stated the need of discussing the Bill of Association. “We as attorneys argue that the articles acceded by MK are the vital articles on the organization freedom to gather, so that the government could not intervene in mass organizations. Furthermore, Muhammadiyah through the attorney recommends discussing the Bill of association as it is considered that it would be appropriate to coin instead of the Law of Mass Organizations,” conveyed the glasses man.

Trisno added that, in the process of judicial review at MK, MK maintained that, if mass organization did not register as the requirement on the constitution of community organization, and if there would be aids in either fund or others, the mass organizations could not achieve the aids. In the other words, the government would not serve the mass organizations.

Moreover, in line with Trisno, Sapto Hariadi, S.H., M.Hum., who is also an attorney member of PP Muhammadiyah, explained that, after the Mass Organization Law Judicial Review was legalized on the 29th of December, the next duty of attorneys of PP Muhammadiyah was monitoring the implementation of the mass organization law. If it emerged a new issue, the attorneys of objecting mass organizations and PP Muhammadiyah could propose the Judicial Re-Review.

“After the mass organization law was legalized on last Tuesday, if a new issue emerges from the decision, we could re-conduct judicial review since, although the law has legalized, we could do judicial review again if there is certain reasons,” uttered the Head of Law Aid Consultation Center (PKBH) of FH UMY.

As we know together, in last July 2013, PP Muhammadiyah and other mass organizations proposed judicial review the Law No. 17/2013 on Mass Organization particularly on the article of registration of mass organization requiring the organization establishment by the virtue of Pancasila. Hence, it limited the organization establishment by the virtue of certain aspects such as religion and custom. (Shidqi)

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