Rakhmat Nur Hakim, Jakarta – Government Regulation in Lieu of Law Number 2/2017 (Perppu Ormas) has finally been passed into law by the House of Representatives (DPR) during a plenary session at the parliamentary complex in Senayan, Jakarta, on Tuesday October 24.
The Perppu Ormas was enacted into law through a vote because the political party factions at the plenary session failed to achieve a consensus even after two hours of lobbying.
Seven factions agreed with the Perppu being enacted into law, namely the Indonesian Democratic Party of Struggle (PDI-P), the United Development Party (PPP), the National Awakening Party (PKB), the Golkar Party, the National Democrat Party (Nasdem), the Democrat Party and the People’s Conscience Party (Hanura).
The PPP, PKB and Democrat factions however only agreed on the condition that that the government and the DPR immediately revise the Perppu that had just been passed into law.
The three other factions meanwhile, namely the Justice and Prosperity Party (PKS), the National Mandate Party (PAN) and the Greater Indonesia Movement Party (Gerindra) opposed the ratification of the Perppu on the grounds that it abolishes the role of the courts in disbanding a social organisation (ormas).
“We have received the result, out of a total of 445 members [lawmakers], 314 members accept and 131 reject [the motion]. Thus taking into consideration the conditions that have been considered the plenary session therefore agrees that the Perppu No. 2, 2017 becomes law”, said DPR deputy speaker and senior Gerindra official Fadli Zon.
With the ratification of the Perppu Ormas into law, the government now has the authority to dissolve an ormas that threatens the Unitary State of the Republic of Indonesia (NKRI) or is against the state ideology of Pancasila.
The dissolution of an ormas is the final stage of the sanction process that can be handed down against an ormas that violates the law. Prior to this, the government, through the Minister of Home Affairs shall issue a written warning for an ormas to end activities that violate the law.
If the warning to halt such activities is not heeded, only then can the government hand down the sanction of revoking the ormas’ registration or withdrawing its status as a legal entity.
[Translated by James Balowski. The original title of the article was Perppu Ormas Disahkan, Pemerintah Kini Bisa Bubarkan Ormas.]
