Law No. 17 Year 2013 on Community Organization (CBOs) provides convenience to community organizations to complete the degree - level problems if the relationship between these diverse organizations has come to the condition of the dispute. This was conveyed by government experts Abdi Saptomo hearing held in the Constitutional Court (MK) on Thursday (27/2) at the Plenary Court.
According to Abdi, the Indonesian people are in potential conflict, and if there is no legal order to set it, it will go up one level to pre conflict conditions. The government has a role to overcome and prevent conflict, including mass, if not addressed; there will be a dispute by a third party that is desired by the parties to the conflict. “The implication is that the government through the Law constitutionality Organizations has recognized the existence of a set of institutions provided by organizations. The government has believed in the organization," he explained before the panel of judges, led by Chief Justice Hamdan Zoelva.
Meanwhile Applicant Experts Sri Budi Eko Wardani describes organizations have the ability to control both the legislative authority of the political, judicial, and executive. Sri Budi said legislators did not understand the diversity that exists in civil society that can grow from a small community environment. “This is proof of expansion of political participation in a democracy today. Organizations are not always institutionalized. It seems that policy makers do not understand the formation of the smallest communities," he explained.
Earlier, the Central Board (PP) Muhammadiyah listed as applicant testing CBOs new law passed last month with the case number 82/PUU-XII/2013. In his petition, demanding that the Court cancel a number of articles of the Law Society Organizations which have been considered to hinder constitutional rights. Article is sued , namely Article 1 paragraph 1, Article 4, Article 5, Article 8, Article 9, Article 10, Article 11, Article 21, Article 23, Article 24, Article 25, Article 30, paragraph 2, Article 33 paragraph (1) and (2), Article 34 paragraph (1), Article 35, Article 36, Article 38, Article 40 paragraph (1), paragraph (2), paragraph (3), subsection (4), subsection (5), and paragraph (6), Article 57 paragraph (2) and paragraph (3) letter a of Law No. 17 of CBOs . Then on January 9, 2014, following a number of non-governmental organizations filed a lawsuit with registration number 3/PUU-XIII/2014.
Limiting human rights
According to the applicant, the law has limited rights to association and assembly, as guaranteed by the 1945 Constitution fully. Restraints are wrapped through repressive laws and bureaucratic nuances. In addition, there are many oddities in Organizations Act because of the conflict and contradictions occur. (Lulu Anjarsari / mh)
Thursday, February 27, 2014 | 20:07 WIB 91