Experts of Ormas Perppu Review Absent, Hearing Postponed
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Review hearing of Ormas Law, Thursday (12/10) in the Plenary Hall of the Constitutional Court Building. Photo by Humas MK/Ganie.

The Constitutional Court (MK) once again held a judicial review hearing of Government Regulation in Lieu of Law No. 2 of 2017 on the Amendment of Law No. 17 of 2013 on Mass Organizations (Ormas Perppu) on Thursday (12/10) in the Plenary Hall of the Constitutional Court. The seventh h was held for eight petitions, namely Cases No. 38, 39, 41, 48, 49, 50, 52, and 58/PUU-XV/2017.

The hearing had been scheduled to listen to Expert of Petitioner 48/PUU-XV/2017, but Asep Warlan Yusuf and Heru Susetyo as Experts could not attend. The hearing was attended by several Relevant Parties, namely the Pancasila Defenders Forum of Advocates (FAPP), the National Secretariat of Indonesian Advocates, the Women Care for Jakarta (PPKJ), Lingkar Perempuan Indonesia, 8 for NKRI, the Doctors Community for Pancasila, and the Padamu Negeri Team.

In the hearing, the Chief Justice of the Constitutional Court, Arief Hidayat, stated that the Constitutional Court Justices agreed to reject parties proposing as additional Relevant Parties, among them the National Guard Organization Patriot Indonesia, the Nawacita Volunteer Community, the Masterpiece NKRI Pancasila Community, and several other communities. Nevertheless, the Court continues to receive written statements from those parties as a form of ad informandum.

"The Court rejected the submissions of some parties for additional relevant parties, but the petition is still accepted as ad informandum," stated Justice Arief in the presence of other Constitutional Justices.

In their petitions, the Petitioners felt that the enactment of Ormas Perppu violated their constitutional rights to associate and assemble as guaranteed by the 1945 Constitution. According to the Petitioners, this perppu allows the Government to take unilateral action without considering the right to reply of mass organizations. Consequently, this provision may be arbitrarily exploited and this article has taken over the duties of judges in the judgment of cases. (Sri Pujianti/LA/Yuniar Widiastuti)


Thursday, October 12, 2017 | 18:05 WIB 57