Constitutional Law Expert: Pangdam Jaya Dudung Cannot Disband FPI

JAKARTA - The attitude of the Pangdam Jaya, Maj. Gen. Dudung Abdurachman, in ordering the cleaning of billboards for the head of the Islamic Defense Forn, Rizieq Shihab, in Petamburan, reaped pros and cons. Including his statement that they would dissolve these community organizations (Ormas) if they did not obey the rules.

Constitutional Law Expert Refly Harun spoke about this. He explained that there are two categories of community organizations. First, organizations registered with the Ministry of Home Affairs (Kemendagri). Second, organizations that have a legal entity and are registered with the Ministry of Law and Human Rights (Kemenkumham).

Related to the dissolution of community organizations, he said, could only be done through two doors. The first is the door of judgment and the second is the door of 'arbitrariness'.

However, said Refly, if you reflect on the Perppu Ormas Number 2 of 2017, the dissolution of mass organizations can also be done without a due process of law. This means that the dissolution was carried out first.

"But don't forget, if it is registered, then the registration will be revoked. If it is a legal entity, the status of the legal entity is revoked. But the declaration of dissolution should have been carried out by the court. Because, the administrative aspect may be in the Ministry of Law and Human Rights, but the substantive aspects should be in court, "he said, as quoted from the Refly Uncut YouTube channel, Sunday, November 22.

According to Refly, Perppu Ormas Number 2 of 2017 is ambiguous. Because there is a statement about the dissolution of an organization by revoking its legal status. According to him, this is a question mark on how to dissolve an organization if it does not have legal entity status and is not registered with the Ministry of Home Affairs.

"FPI, for example, now has no legal status, either a foundation or an association. The registration was rejected if I am not mistaken a few months ago or last year. If you want to be dissolved, how do you do it? Because of that, in my opinion the only way is to go to court. Who is suing? The government, "he said.

Even so, Refly explained, being registered or not at the Ministry of Home Affairs is not a big problem for community organizations. This is because the existence of an organization does not lie in its registration but in its actual activities and it is protected by the constitution.

Previously, Deputy Chairman of Commission I Abdul Kharis Almasyhari said he was surprised by the statement made by the Regional Military Commander, Maj. Gen. Dudung Abdulrachman, regarding the disbandment of FPI. According to him, dissolving mass organizations is not a matter for the TNI, this is the domain of the Ministry of Law and Human Rights and the Ministry of Home Affairs. Refly admitted that he agreed.

"Statements like those issued by the Pangdam Jaya Maj. Gen. Dudung Abdurachman, are wrong. Because it is not a matter for the Pangdam, including the TNI Commander, even to take down billboards and order an organization to disband. Because the TNI is a tool of national defense it must be professional, it must be beyond politics," he said.

Refly also admitted that he was not surprised if many parties supported the statement of the Regional Military Commander, Maj. Gen. Dudung Abdulrachman, even though it was wrong. This may be because he feels uncomfortable with FPI's existence.

"That was endorsed too. Even though it was wrong. This is not the Pangdam's business. But sometimes, pro-Jokowi groups who feel uncomfortable with FPI can finally agree with statements like those issued by Dudung Abdurahman, who happens to be the Military Commander. Jaya, "he explained.

On the other hand, Refly said that an institution may violate the law but the organization does not violate the law. However, it must be done by individuals. Unless from the start the organization wanted to spread communism, this was clearly prohibited by the state.

"If, for example, individuals or their officials violate the law, then the violation of the law must be processed individually for those who violate it. But if we look at FPI Habib Rizieq and so on, it is like seeing something horribly delicious," he said.

Therefore, Refly hopes, this problem can be resolved properly. He also asked President Jokowi or people in Jokowi's close circle not to tempt the TNI to return to politics.

"Because if the TNI is already in politics, it's hard because we have weapons. We cannot do democracy with weapons. Democracy must be with reason, mind, not by force," he said.