Mumuro Skip to main content. See Elucidation of Article 8 Law on Foundations. Therefore, even though they have entered the last session, the legislative process still needs to be continuously monitored by the community. 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. In practice, the Ministry of Home Affairs also includes foundations within the definition of societal organizations. Save my name, email, and website in this browser for the next time I comment.
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Mumuro Skip to main content. See Elucidation of Article 8 Law on Foundations. Therefore, even though they have entered the last session, the legislative process still needs to be continuously monitored by the community. 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.
In practice, the Ministry of Home Affairs also includes foundations within the definition of societal organizations. Save my name, email, and website in this browser for the next time I comment.
In the Indonesian National Legislation Program forat least five bills are closely related to the legal environment for civil society in Indonesia. The enactment of a new Ormss on Associations is a crucial step toward strengthening the legal framework for associations. The suspension and dissolution of societal organizations is further regulated by Government Regulation No. At the meeting it was agreed to review the Law on Societal Organizations. While there are a range of laws and regulations governing CSOs,  this article will focus on the framework legislation relating to associations and foundations, two key organizational forms for CSOs in Indonesia, as important context for understanding the place of the societal organization.
Three issues deserve highlighting. F-ABRI, the military faction in the Parliament, argued that this Law on Societal Organizations was considered as Lex Specialis and therefore could authorize the government to dissolve an organization without going to court. Responding to the situation, President Susilo Bambang Yudhoyono gave instruction to dissolve groups engaged in violence and causing unrest in society.
Through the Law, the House has extended its authority without providing space for supervision. This means that the period of House of Representatives have only one session left, which will be held from 16 August until 30 September However, some Dutch laws remain in place. Overly onerous demands such as submitting work-plans, organizational statutes and disclosure of funding sources are a breach of the right to the freedom of association and will be felt most acutely by mutual interest groups, informal networks, community-based organizations and social movements.
Indonesian civil society is concerned about the Ormas Bill because it threatens to undermine freedom of association and expression.
The draft Bill requires that a societal organization make its activity and financial report accessible to the public. It is also impossible to make religion as Pancasila It was agreed to establish a Working Committee to further discuss the Bill. For example, CSOs should be more aware of taxation issues and the availability of tax incentives. One of the lessons learned in conducting advocacy work for the Foundation Law in is that most CSOs are narrowly focused on their core issues issues related directly to their own mission and often tend to ignore issues related to the underlying legal framework legal entity status, taxation, etc.
Indonesia needs a more enabling legal framework to strengthen the CSO sector. Download this issue PDF. Each person has the right to freely associate, assemble, and express his opinions. The discussion of the draft bill is still going on. Inthe Constitutional Court released a decision stating that Article 21 and 47 of the Law on Plantations was unconstitutional.
Indeed, the concept of social organization makes sense only as a tool of state control. LRWD Edition 23 : July The primary problem does not spring from the specific provisions and details of the Bill, but from the concept of the Bill itself. The Special Committee for the Bill on Societal Organizations in the Parliament originally scheduled the discussion of the Bill to run from January 26 until May 22,but did not manage to complete the discussion during rruu time frame.
FAMM-Indonesia Mobilizes JASS-aligned activists have been holding discussions with journalist in eastern Java, educating local communities and mobilizing alliances in different ways to put a stop to repressive irmas policies such as the Ormas Bill.
This inclusive regulatory approach creates confusion and inconsistency. 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. 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.
More generally, CSOs need to be more proactive in managing governmental and public perceptions, rather than responding to government-led initiatives. Time to Join Hands Ricardo Wyngaard.
In the absence of any expressed commitment or effort to do so, we call on all members of the House to reject the Ormas bill in its current form. In this case, the government will first give a written warning.
These include, among others, discretionary sanction powers of government officials to suspend and ormaa CSOs without any legal order.
In case consideration from other relevant institutions is needed, the Ministry must send the request to the relevant institution within 7 days from the time the complete application documents is received. Specifically, the draft Bill states that to optimize its role and function, a societal organization may integrate itself into an umbrella organization. The draft Bill, in draf Elucidation of Article 1, stated:. They range from unregistered labour organizations campaigning for economic justice, environmental groups campaigning for sustainable development, indigenous peoples protecting their right to land and a wide variety of religious organizations.
Through certain laws and regulations, the vraft has recognized the importance and contributions of civil society. Regarding this issue, President Soeharto gave his explanation in his State Address in as follows:. JASS-aligned activists have been holding discussions with journalist in eastern Java, educating local communities and mobilizing alliances in different ways to put a stop to repressive government policies such as the Ormas Ormxs.
Pancasila also will not and could not replace religion. Most Related.
DRAFT RUU ORMAS 2013 PDF
Associations may be dissolved voluntarily or involuntarily. By contrast, in many civil law countries, it is the Ministry of Justice or the court system that is made responsible for the registration and supervision of CSOs. It also clearly reflects an imbalance between the number of foundations and the number of associations. In the absence of expressed commitment or effort to do so, we call on all members of the House to reject the Ormas bill in its current form. Standing in solidarity, they chanted against the Ormas Bill: Regarding this issue, President Soeharto gave his explanation in his State Address in as follows:.
Grok See interview with Dr. In addition, the importance of political stability was emphasized by President Soeharto in his State Address on August 16, The definition embraces all types of drat, whether with or without legal entity status, including foundations and associations. The board of the executive of such an organization, if convicted, can be sentenced to 15 to 20 years in prison. The immediate priority should be on the Bill on Associations, which has a valid legal basis and is already listed in the Drafy Legislation Programnumber No later than 7 days after the petition submitted by the Notary.