Rights of Freedom of Expressing Community Organizations in Indonesia After Law Number 16 Of 2017 Concerning Community Organizations

Abstract

This article examines whether the element of presidential subjectivity in the establishment of Government Regulation in Lieu of Acts (hereinafter: Perppu) concerning Societal Organizations Number 2 of 2017 as a reference of Law Number 16 of 2017 meets the requirements of the issue of "compulsive urgency" and how the constitutionality of Law Number 16 of 2017 regarding the Enactment of Government Regulations in Lieu of Laws Number 2 of 2017 on the Amendment of Law Number 17 of 2013 regarding Societal Organizations into Laws is associated with respect for the Right to Freedom of Expression, Association, and Gathering of Citizens and the principle of due process of law guaranteed by the constitution. Articles in Law Number 16 Year 2017 are considered to be contradictory regarding freedom of association, assembly and expression of opinions, as well as regarding the principle of criminal liability which is considered to have been violated. This study uses a type of normative research that is legal research that takes the issue of law as a norm system that is used to provide prescriptive of "justifications" about a legal event. The results of the research show that the matter of "coercive importance" mentioned in the considerations "Considering" and "General Explanation" of the Societal Organizations Regulation appears to be so dominated by pragmatic arguments that the President can disperse any Community Organizations at any time which according to the President's subjectivity is allegedly in conflict with the Pancasila and the constitution due to the said Government Regulation in Lieu of Societal Organizations also removes the judicial authority in the mechanism of dissolution of societal organizations so that it is considered contrary to the principle of due process of law and repressive of the rights of freedom of expression of citizens in association and assembly guaranteed by the 1945 Constitution of the Republic of Indonesia.