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The Strategic Importance of The Government Regulation in Lieu of Law No 2 of 2017

MEDAN (utamanews.com)
Oleh: Amril Jambak, Senior journalist in Pekanbaru, Riau.
Rabu, 26 Jul 2017 03:16
Dibaca: 135 kali
Dok
Amril Jambak

On May 8, 2017 Coordinating Minister for Political, Law, Human Right and Security Affairs General Wiranto in front of a special Press Conference said, the Government shall dissolve HTI because ideologically and politically HTI to be threatening the State of The Republic of Indonesia. This official release has been definitely intended as the open Government gesture to inform the society, the political and the mass Organization to understand and to convey their opinion and response.

The open debate has been democratically held and various public view on this matter has been publicly revealed. This public debate could be likely considered as the implementation of the guided democracy which was popularly implemented in this  country.  
One of the most important comment on this matter has been the suggestion saying the Government could publish The Government Regulation in lieu of Law to replace the legal process through the Court of Justice, that definitely will take a long process if any political or mass organization to be dissolved.

Meanwhile on the Government side it has been also likely realizing the situation of the country is definitely to be considered necessarily taken cared of comprehensively and seriously and the problem of HTI should be seen as just a part of the strategic problems faced by the country.  

A number of situation analysis

In the beginning of 2017, in front of the inauguration of the new Hanura National Leaders Council under OSO, President Jokowi reminded all of those Hanura members that it is apparently our democracy to have been excessively implemented by various group of masses. This trend of the excessive implementation of the democratic principle should be stopped because it is weakening our National Unity and our national integrity. The extreme implementation of human right to have apparently resulted the excessive feeling as if for the sake of human right everybody can do no wrong. This view is definitely to be potentially endangering the unity and the integrity of the nation.

Apparently our large, rich and beautiful country should be protected and managed orderly for the sake of the life of the people of Indonesia living in the country since Aceh on the West until Papua on the East and the island of Miangas on the North until the place called Marore on the South. Definitely our Country firmly needs Strong Unity, Integrity, Cooperation and Mutual Respect.   

The excessive democracy is characterized by the extreme willingness of the members of any political or any mass organization to mobilize its physical and political power in a radical movement  to gain their political goal.

President Jokowi did not elaborate his comment but definitely he urged all the members of the political and mass organization of this country to implement our democratic system proportionally. President Jokowi was likely very sad to observe how weak is our country in the period of the Regional Election of Jakarta in 2016. The ideological, the political and the physical power confrontation which are considered as the democratic  right to have been demonstrated exploiting SARA as if Indonesia was in great Civil War. 

Definitely President Jokowi recently reminds firmly all the Indonesian society, that Indonesia is now facing a great subversion of various threat to destabilize this country, through all aspect of life included terrorism activities exploiting even the science and technology, such as cyber technology and telegram; Our Country is run based on Pancasila Philosophy and the Constitution of 1945 strongly respecting National Unity and Solidarity based on the Spirit of Bhineka Tunggal Ika; Extremism and radicalism as the result of the excessive implementation of democracy should be stopped peacefully but firmly; Excessive democracy could apparently destroy our unity, solidarity and even could lead to the physical confrontation and the civil war.

This kind of anticipation is not illusion and the dramatization of the situation but it is a real fact that could happened to this country if we are not aware of it. The dramatic situation of political and security situation during the Regional Election of Jakarta in 2016 and its impact is definitely still existing now. It should not be definitely repeated again.

President Jokowi is strongly of the opinion that the Country should do something before it is too late and those available effort to prevent the worse situation should be conducted. The idea is definitely to create the firm absorption of Pancasila and to built the loyalty, the discipline on Pancasila among the society especially the members of all political and mass organization. The establishment of the Presidential Working Unit to build the Pancasila in the society is definitely a part of this political goal. 

President Jokowi realizes we should continue to built this country and we are still on the long way we should walk to reach our ending goal as formulated since the Proclamation of the Indonesian Independence, namely to live independently, peacefully and prosperously.

Presiden Jokowi is seriously aware the Regional Election in a number of Provinces will be soon done in 2018 and the Instant General and Presidential Election will be held in 2019.President Jokowi likely wants to be sure that the character of the excessive democracy to have gone and all of those national agenda would be done peacefully. 

Supporting President Jokowi view on the situation of our country is Chief of BIN General Budi Gunawan in his briefing in front of the Ulama Gathering organized by PDI recently, which he confirmedly to say the Situation of our Country needs serious attention, because there are a number of source of threat we should be aware otherwise it could disturb our national Unity, our national stability, our national security and our national economic development. So we have to be aware  to continuously build up our national resilience. It definitely needs the spirit of the national unity and integration based on Four Pillars of the Country of the Republic of Indonesia : Pancasila Philosophy, the Constitution of 1945, the National Unity based on Nusantara Overview (Wawasan Nusantara) and the Unity Spirit of Bhineka Tunggal Ika. 

General Budi Gunawan clearly described there are at least five sources of threat threatening those Four Pillars of the Republic of Indonesia which are potentially destroying our Political, Economic, Social, Peace and Order of the Country. General Budi Gunawan reminded all the participants of the Ulama gathering that our firm unity is the prime important element of our nation.

The Government Regulation ("Perppu") No 2 of 2017 apparently is not intended just for forbidding the presence of the Caliphate teaching, to be developed in Indonesia and to dissolve HTI as the political and ideological holder of the Caliphate teaching, but the Government Regulation No 2 of 2017 is intended to control the existence of all the Mass Organization which were founded in Indonesia and their activities. All of the Political and Mass Organization of Indonesia should be founded based on Pancasila Philosophy and The Consituation of 1945. 

Further, all of those Political and Mass organization should be faithful and loyal to implementation of Pancasila and the Constitution of 1945 All of the activities of the Political and Mass Organization should be intended to support the realization of the National Ending Goal as described by the Introduction of the Constitution of 1945, the prosperous life based on Belief in One Supreme God, Humanity, Unitary State of The Republic of Indonesia, The Wisdom of the National Consultation and Social of Justice.

The Government Regulation in Lieu of Law (Perppu) of RI No. 2 of 2017 was officially signed by President Jokowi on July10, 2017 and released on Wednesday (July 12, 2017). Minister of Law and Human Rights Yasonna H Laoly said the Perppu RI No 2 of 2017 is not intended only for one organization, but it replaces Law RI No 17 of 2013 on Mass Organization. Legally The Government Regulation in Lieu of Law (Perppu) of RI No 2 of 2017 is intended to amend  Law RI No 17 of 2013. Law RI No 17 of 2013 is considered vacant in term of the regulation to dissolve any political and mass organization which is against Pancasila ideology. 

As it has been aware  and anticipated the reaction to the publication of The Government Regulation No 2 of 2017 to have been definitely responded critically and sharply by the various political leaders, politicians, scholars and political activists, that the Government Regulation No 2 of 2017 is :

The publication of the Government Regulation No 2 of 2017 in Leau of Law is not wise decision, President Jokowi has made serious mistake bringing the country democratically especially the human right sets back.

The Government Regulation No 2 of 2017 is definitely wrong because it is not based on clear Emergency Situation or the country faces Legally Vacant;

The Government Regulation No 2 of 2017 has been made without comprehensive coordination and processed politically and legally;

This Government Regulation No 2 of 2017 is the beginning or the embryo of the authoritarian government system or to build the authoritarian regime in Indonesia.

Politically the Government is telling a lie, it is apparently the Government does not solve HTI problem legally based on the decision of Court of Justice but using political power.

The Government Regulation No 2 of 2017 will be definitely rejected by both The House of Representative and The Constitutional Courtbecause it is against the Constitution of 1945.

A few number of Moslem Mass Organization were rejecting the Government Regulation No 2 of 2017 they believe the Government Regulation No 2 of 2017 is intended to dissolve the  Moslem Organization.

This allegations are not definitely true the analysis of President Jokowi supported by Chief of BIN General Budi Gunawan that all of those Government policy were clearly based on the real fact faces by the Country.

President Jokowi is of the belief our Country  to have been in long  Emergency Situation that should be ended soon. In this  frame work of thinking  those sensitive national period (the Regional Election of 2018, the Instant General and Presidential Election of 2019) should be saved and the excessive democracy implementation may not happen. 

Likely this is the ending goal of the publication of Government Regulation No 2 of 2017, the eradication of the Caliphate and the dissolution of HTI is only a part of those problem.

The Government Regulation in Lieu of law No 2 of 2017 should be understood as the strategic infrastructure to prevent the Country from being drawn into the disastrous situation.  

This Government Regulation in Lieu of law No 2 of 2017 is not published for the sake of the interest or to discredit any group and it is opened for any legal complaint of any one who feel dissatisfy to this Government Regulation. The Government believed The House of Representative and the Constitutional Court will wisely approved and protecting the Government consideration.

Editor: Sam

T#g:Perppu
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