Kamis 24 Aug 2017 00:45 WIB

ACTA concerns about 'domino effects' of Perppu Ormas

Rep: Santi Sopia, Fira Nursya'bani/ Red: Reiny Dwinanda
Constitutional Court
Constitutional Court

REPUBLIKA.CO.ID, JAKARTA -- Advocates of Patriotism (ACTA) asked Constitutional Court to revoke Regulation in Lieu of Law (Perppu) on mass organizations (Ormas) No.2 of 2017. Lawyer of ACTA, Hendarsam Marantoko, stated that the regulation was formally and materially defective.

"The establishment of the regulation was in contradiction with 1945 Constitution. It was not arranged through proper procedures," Hendarsam said, after undergoing a preliminary hearing for judicial review in Constitutional Court on Wednesday.

ACTA concerned about the 'domino effect' of the regulation. It highlighted the abolition of authority of the court to dissolve mass organizations, as stated in the regulation. "We do not know what will happen tomorrow. How if ACTA and other mass organizations were dissolved without trial? It definitely has an impact," Hendarsam added.

ACTA promised to revise the application of judicial review asked by the Constitutional Court judge. Prior to 30 August, ACTA had to submit the application to be able to join the plenary session with other applicants.

Also read: Yusril advises mass organizations to unite in rejecting the Perppu

ACTA assessed the substance of the regulation was in contrary to Article 28 E, paragraph 3 of the 1945 Constitution. Earlier in the session, ACTA said the government had disbanded a mass organization by using the regulation, whereas it has not been passed by the House of Representatives. It showed that the government had been violating Article 28 paragraph 1 of the 1945 Constitution and eliminating the constitutional rights.

Meanwhile, the judge and Chief of Constitutional Court, Arief Hidayat, asked the applicants to separate formal and material applications. He also asked the applicants to explained which article that was considered contrary to the constitution.

As is known, there have been six lawsuits against Perppu Ormas, including a lawsuit filed ACTA. Previously the case was listed in five numbers. Case number 38 was filed by Afriady Putra from Indonesian Advocate Organization; Case Number 39 was filed by Ismail Yusanto with Yusril Ihza Mahendra; Case number 41 was filed by the Central Board of the Alliance of Nusantara (ALSANTARA); Case number 48 was filed by the Sharia Law Alqonuni Foundation; and Case number 49 was filed by the Head of Center for Islamic Unity (PERSIS).

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