DRAFT RUU ORMAS 2013 PDF

View Perpu_Nomor_2_Tahun_ tentang from LAW 1 at 20 pages PERDA KOTA DEPOK THN NO 02 TTG PERUBAHAN KEDUA ATAS . Unfortunately, House’s intention to reform seems to not exist on the final draft of the MD3 Law. On 10 July , the House of Representatives held a Plenary These are the Bill on Soil and Water Conservation (RUU Konservasi Monitoring dan Evaluasi Pelaksanaan UU Ormas Tahun ke-V (2 Juli. Some say that the bill was initially drafted to limit the actions of fundamentalist On 12 April , women from FAMM-Indonesia joined a protest rally in Surabaya, East “Hati-hati kembalinya militerisme di balik ruu ormas!.

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July Next Next post: In the closing speech of the First Session of House of Representativesthe House Speaker Marzuki Ali said that the Ormzs on Societal Organization is one of 29 priority bills that will have an extended period of discussion. There is a need to raise awareness of the Bill and its implications throughout the CSO sector drraft Indonesia. However, it may not be realistic to expect the Committee to withdraw the Bill, since the Bill is already being discussed special committee established, budget allocated, etc.

The draft Bill only states that the principle s of a societal organization must not conflict with Pancasila and the Constitution. The discussion of the draft bill is still going on. It is also impossible to make religion as Pancasila The government then will promote settlement through the mechanism of mediation and conciliation.

Since independence was gained inmany of the outdated Dutch laws have been replaced. Pancasila is not religion. CSOs need to be more involved in the lawmaking process. This is reflected in the Directory of Societal Organizations, [56] published annually by the Ministry.

It also clearly reflects an imbalance between the number of foundations and the number of associations. Consequently, the Bill on Societal Organizations was included among the national legislative ruuu.

This is further compounded by the apparent haste that lawmakers of the House are in to approve the bill. The orrmas problem is the lack of political will on the part of law enforcement agencies, including the police, to enforce the law against such individuals.

This idea of Asas Tunggal was rejected mostly by Islamic-based organizations, since most of these organizations considered Islam as their basic principle.

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We thus strongly urge all members of DPR to reject the draft Ormas law in the upcoming parliamentary sitting. In case there is no drqft from the government institution, no later than 30 days from the time the request is sent. It would be politically difficult for the Special Committee to shift the focus from one Bill to another, because it would mean a shift in liaising with a different ministry. In order to provide constructive input, however, CSOs need enhanced drxft and access to effective advocacy materials, credible references, comparative drafft studies, etc.

However, during the implementation, the Plantations Bill was not only revising articles, but also changed the entire content of the Law. Freedom of association is guaranteed by the Constitution. Orams ordinary associations, the Staatsblad states that such associations cannot conduct activities as a legal entity legal person. Since Februaryprotestors have been demonstrating in several regions and provinces of Indonesia, including the capital, Jakarta.

Societal organizations must secure approval from the government to receive grants from a foreign party or provide grants to a foreign party. As a result, there is now clear protection for the freedom of association article 28 and freedom of expression article 28E.

Any actions undertaken by an ordinary association will be considered as the actions of the individual member of the association. Regarding the Bill on Plantations, it was not included in the Prolegnas since it was a follow-up of a Constitutional Court Decision. Responding to the situation, President Susilo Bambang Yudhoyono gave instructions to dissolve the groups engaged in violence and causing unrest in society. F-ABRI, the military faction in the Parliament, argued that this Law on Societal Organizations was 201 as Lex Specialis and therefore could authorize the government to dissolve an organization without going to court.

Ordinary associations unincorporated associations must inform the government or local government of their existence in writing.

Registration of a Foundation, ormss input from another institution is not needed: It is not easy to understand the timeline of the establishment process provided in the Law on Foundations, but the following attempts to outline the process more clearly:.

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Young Indonesian Activists Organize to Defend Democratic Freedoms

It is misguided to suggest that the government and public institutions are beyond public scrutiny rui accountability while CSOs are subjected to such unwarranted restrictions. However, in one of its decisions, the MK questioned the position of a parliamentary member in giving testimonies as a judicial review petitioner by citing that the argument given was irrelevant to court.

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After the change of regime, the number of CSOs in Indonesia has increased considerably. The Indonesian Criminal Code Kitab Undang-Undang Hukum Pidana — KUHP already covers violent offenses conducted by a principal criminal actor, or one who aids, abets, or commands a crime, or one who publicly promotes hatred against a group of people. The organization and the public will be informed of the suspension. The Special Committee in the Parliament currently has the opportunity to improve otmas legal framework.

Ruk the early discussions on the Bill, the Chairman identified six main problems: The Ministry stated that it had changed its perspective and also oormas that the Law on Societal Organizations is no longer suitable for a democratic era. Three issues deserve highlighting.

LRWD Edition 23 : July –

We remain unconvinced and believe that the Ormas law will result in a shrinking democratic space and lack of enabling environment for civil society organizations to carry out their legitimate work without fear of reprisals or harassment.

After the fall of the New Order regime inIndonesia underwent four rounds of constitutional amendments from toin order to ensure better protection for civil liberties and the political rights of citizens. The District Attorney may file a case in civil draff to revoke ruuu legal entity status of an association when it violates its approved statutory purposes. Before suspending a societal organization, the government must drafy a written warning at least twice within 10 days to the administrator, local administrator, or central administrator of the organization.

Instead, the Bill seems to rest on the original premise of control. Article 28E, section 3: Furthermore, it is unacceptable 2103 the bill vests blanket authority in the government which will leave many groups vulnerable to arbitrary attacks and limitations. On May 30,the Special Committee conducted a meeting with the Government. Given steps taken and statements made by the current government irmas impose more control over civil society, the bill has citizen activists worried.

In case input from a relevant government institution is needed, the review process can be extended up to a maximum of 37 days from the time of the application.