TEMPO.CO, Jakarta - Moon and Star Party (PBB) chairman Yusril Ihza Mahendra said the government cannot arbitrarily ban a mass organization without prior warnings and persuasive measures.
On Monday, Yusril said that if the warnings are ignored, then the government can consult with the courts in taking action against the mass organization.
Yusril, an expert in constitutional law, said a mass organization must be given a chance to defend itself in court.
The government has proposed for the banning of Islamic group Hizbut Tahrir Indonesia (HTI) arbitrarily, on grounds that the group's activities and philosophy contradict the Pancasila ideology and the 1945 Constitution.
Article 59 and 69 of Law No. 17/2013 on Social Organizations stated that mass organizations are prohibited from conducting activities which promote racism, hostility, separatist movements, fundraising for political parties, and ideas that contradict the Pancasila ideology.
If the court decides that HTI conducts all or some of the above activities, the group will lose its legal status and automatically be disbanded.
Yusril said the government must have strong evidences, "otherwise the request for disbandment can be defeated in court by HTI lawyers."
Yusril said this is a sensitive case given the fact that HTI is an Islamic group. Although not all Indonesian Muslims agree with HTI's philosophies, the ban could still be seen as the government's opposition against Islam.
Meanwhile, HTI objects to the government's decision ban the group. HTI spokesman Iffah Ainur Rohmah told Tempo on Monday that the government's move was too sudden—without warnings or prior anticipative measures.
GHOIDA RAHMAH
