Revision hearing of judicial review of Ormas Law, Monday (29/1) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

Dewan Da’wah Islamiyah Indonesia, Yayasan Forum Silaturrahmi Antar-Pengajian Indonesia, Perkumpulan Hidayatullah, dan Munarman revised the petition for judicial review of Law No. 16/2017 on the Stipulation of Government Regulation in Lieu of Law No. 2/2017 on the Amendment of Law No. 17/2013 on Mass Organizations into a Law (Ormas Law). In the second session held on Monday (29/1), the Panel of Justices observed the revision of petition No. 2/PUU-XVI/2018 filed by the Petitioners. 

Represented by Muhammad Kamil, the Petitioners explained that they had made a revision regarding the reasons for the petition. The Petitioners explained that they had included the role of the court that was reduced by the Ormas Law. "There is digression of the due process of law principle and reduction of judicial authority of judicial institutions, in which the dissolution of mass organizations do not have to go through the court," he explained. 

The Islamic mass organizations and individual citizens claim that Article 1 points 6 through 21, Article 59 paragraph (4) letter c along the phrase "or other doctrines", Article 62 paragraph (3), Article 80A and Article 82A of the Ormas Law are contrary to the 1945 Constitution. The Ormas Law is considered threatening the constitutional rights of the Petitioners on freedom of assembly, association, expression of thoughts and attitudes, according to conscience, for eliminating the role of the court in imposing sanctions on mass organizations. Consequently, any time the government can subjectively revoke the legal entity status of the Petitioners. They also claim that Article 59 paragraph (4) letter c of the Ormas Law along the phrase "or other doctrines" having multiple interpretations and thus are subject to exploitation by the Government to trap mass organizations and their members allegedly opposing anti-Pancasila.

Furthermore, Article 62 paragraph (3) of the Ormas Law may impose sanctions on mass organizations on the basis of mere subjectivity without any proven violation. Also, Article 80A of the Ormas Law that determines a mass organization declared dissolved after the revocation of its legal entity status is considered contradictory to the human rights in freedom of assembly and association. The Petitioners claim a mass organization cannot be dissolved only by revoking its certificate or its legal entity status. (Lulu Anjarsari/Yuniar Widiastuti)