Constitutional Court (MK) held a review hearing of Organizations Act. Tuesday (28/1), filed by community organizations of Muhammadiyah (Case No. 82/PUU-XI/2013) and the combined NGO (Case No. 3/PUU-XII/2014) convened at the Plenary Court. This time, the government presented expert and witness.

Government on this occasion to present Member of Parliament from PKS, Indra is also former Member Organizations committee bill. Indra said the drafting process of mass organizations long runs with all sequence as mandated by the Act P3 (Regulation Establishment Regulation Legislation). As it should, the House has involved the public by presenting Mass organizations  to represent the views of all elements related to the Bill Mass organizations .

"In addition, we also conduct a review into the field . Not only representatives of mass organizations or entities, but also mass organizations in the area. We also visited a number of community organizations - organizations that exist in the various regions so that construction discussed in the article by article expected to get a more complete input and thorough,” said Indra.

At that time, further Indra, the House of Representatives aims to change the Law No. 885 of Community Organizations that are not in accordance with the needs of democratic life of the Indonesian nation. Therefore, Act No. 885 has a single principle, repressive, and subjective." That is the law to form a new community organizations that are not repressive, not a single, subjective and thus the existence of civil society as mandated by Article 28 of the Constitution can be actualized and terpayungi with this legislation," said Indra again while ensuring that mass organizations Law the new so give a very spacious room for freedom of association.

Even so, Organizations Act was formed with the intention of creating a balance between rights and obligations. In accordance with Article 28 UUD 1945 which obliges to respect the rights of others, then the Law Organizations was formed in the presence of certain conditions in the formation of Mass organizations . "Organizations Act that this new spirit is the spirit of empowerment, no longer coaching. This is based on the spirit of empowerment and awareness of the existence of mass organizations function is so useful during the life of the nation and the state. Many of the instruments of national and state are not reached by the state that is so strategic role played and run by organizations. Therefore, does this law make room for it and provide sufficient protection," said Indra who also said the law aims to avoid Foreign Organizations using legal umbrella Law Foundation and aims to infiltrate foreign interests.

Meanwhile constitutional law experts are often present in the trial Court, Margarito presented Thursday by the Government. Margarito insists that freedom of association and assembly are justified by the Constitution . However , such freedom must be restricted, including freedom of association and assembly are restricted under Article 1 paragraph 1 of Law Mass organizations . Margarito explained , in terms of legal science is not likely the restrictions because freedom can not be accomplished in a civilized when not regulated.

In addition, Margarito also asserted that an organization must have a purpose for collecting a lot of people without a purpose is an act that does not make sense. However, Margarito also said that the goal is not necessarily exactly the same mass organizations such as the provisions of Article 5 of the Act provided that the mass organizations in accordance with the Constitution.

Related allegations saying the Government restrict and limit the space for the existence of CSOs, Mass organizations  Margarito assured that the law is not intervensif and repressive as before. This is evident from the Government authority to make stops while the Mass organizations  that violates the Constitution by first asking the Supreme Court judgment.

"If it would not be asked ( requested consideration ) was, no matter. But it is precisely in this Act limiting the authority in the past we accuse of increasingly repressive or intervensif it, that is by dividing it by the authority other than the executive organ. At the local level, that authority is shared with the legislature, local council and also the police in stages. So I must say that according to my skill assessment , I tidakdapat say or qualify the matter of statutory construction that the division of authority as a form of repression," said Margarito. ( Yusti Nurul Agustin / mh )