TEMPO.CO, Jakarta - There is no need for the government to ban organizations because they disagree with the state philosophy or ideology. There are legal ways to ban such organizations, but this type of judicial measure, even if it is accountable, will only damage the principles of freedom of speech and assembly. These are guaranteed to every citizen by the Constitution.
The plan to ban organizations is focused on the Hizbut Tahrir Indonesia (HTI). National Police chief General Tito Karnavian believes this Islamist organization, which is a legal association, is disturbing social order. The HTI is seen as potentially triggering horizontal conflict, as seen from the stance of other mass organizations that oppose its "ideology", such as GP Ansor, the youth wing of the Nahdlatul Ulama. The HTI is seen as threatening the state ideology because it is calling for a global Islamic leader, known as the caliph.
Banning could be seen as a tough option to prevent the destructive influence of an organization. The only way to do this is through a legal process based on Law No.17/2013 on Mass Organizations. The government could begin by issuing an administrative warning, eventually leading to a revocation of its legal status through a binding court ruling. The law also allows a mass organization to file a legal objection against a banning order. The technical implementation would be the responsibility of the justice and human rights ministry.
But punishing an organization because its views are seen as dangerous is not a good way to solve the problem. It could be an exhausting process, with opposing lawsuits. After the banning, another organization could rise with a different name, but with the same views. Ultimately, this law, if it is not quickly revised, will be useless if it is used to ban an organization with an opposing opinion. The law may be able to control mass organizations, but what about ideas that can spread far and wide even if they do not have an organization behind them?
This does not mean that there is no need to keep an eye on the HTI. Although it claims to reject violence and only organize orderly demonstrations, its members are against democracy. They do not recognize general elections or nation states like this one. They are not inclusive as they do not recognize opposing views from outside their group, such that they cause unhealthy segregation in society.
Therefore, the government must choose the strategic option. The two mass Islamic organizations with large numbers of followers, the NU and Muhammadiyah, could be asked to issue a joint declaration that the form of this nation is final. They could be asked to stand on the front line campaigning for the strength of diversity. The founders of this nation proposed and fought hard for this noble ideal. The government must ensure that nobody tries to bring the HTI ideology into schools, given how active the organization has been in penetrating campuses as far as Islamic study groups.
The freedom of ideas and opinions proclaimed by anyone, or any difference in living as a citizen, must not be muzzled. The State should allow all these fundamental rights. Of course, they can be limited by the obligation to preserve public order. If there is anarchy, the people responsible can be prosecuted, rather than banning their organization.(*)
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