Expert presented by the Government, Harjono, delivering his expertise in the judicial review hearing of the Mass Organizations Law, Tuesday (6/2) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

Dissolution of mass organizations as stated in Article 80A 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 (Ormas Law) is in the form of revocation of legal entity status. This is included in state administrative law, not criminal law as feared by the public. 

Such is the statement of Harjono, who was Constitutional Justice for the 2003–2008 and 2008–2013 periods, who became the Government’s Expert in the follow-up material judicial review hearing of Article 80A of the Ormas Law on Tuesday (6/2) in the Courtroom of the Constitutional Court. The hearing for case No. 94/PUU-XV/2017 was chaired by Chief Justice of the Constitutional Court, Arief Hidayat, accompanied by seven other constitutional judges. 

In the case petitioned by Muhammad Hafidz and Abda Khair Mufti, Harjono explained that the revocation of legal entity status is within administrative law as it is related to the issuance of legal entity status by the state. Administrative law, Harjono continued, has its own principles that are different from other legal principles, namely the principles of legality and contrario actus. In addition, administrative law has the function of returning an order to the circumstances prior to a violation. "So, administrative law can be imposed by non-judicial apparatus," Harjono said. 

With regard to the principal petition of the Petitioners, Harjono also explained that in essence the law being reviewed contains state administration law so the presumption of innocence principle cannot be applied in criminal law. Thus, the act of the state by revoking legal entity status is proof of that Indonesia is a state of law because of the state administrative courts that act as forum for the protection of citizens\' rights. 

With regard to the administrative sanction levels in the a quo article, namely written warning, cease of activity, and revocation of registration certificate or revocation of legal entity status are common. However, Harjono explained, the imposition of sanctions depends on the extent of the violations committed by the organization. "So, administrative sanctions do not give grievances to the violators as criminal sanctions do," Harjono said. 

In their petition, the Petitioners claim to be activists who have been actively fighting for the rights and interests of Indonesian workers, both jointly in trade unions and individually, and are concerned about the enactment of the Ormas Law. The Petitioners consider the provision of Article 80A of the Ormas Law also relate to the revocation of the legal body of mass organizations by dissolution without court process. This, according to the Petitioners, has disregarded the law as the principle of the state of Indonesia and is contrary to the principle of upholding the law with no exception. (Sri Pujianti/LA/Yuniar Widiastuti)