PRESS RELEASE on the Bill on Mass Organization:
The State Again Attempts to Put a Leash on Freedom of Association and Organization
In February 2013 the Parliament (DPR) will hold a plenary meeting with the agenda to enact the Bill on Mass Organization (RUU Ormas) to replace the current Law on Mass Organization (Law No 8 year 1985)
Throughout the deliberation period, the Special Committee (Pansus) for the RUU Ormas has received many inputs from State Administration Law experts as well as Civil Society actors who have pleaded the DPR to not enact RUU Ormas because it violates the principles of law, democracy and human rights. The Coalition for Freedom of Association (Koalisi Kebebasan Berserikat - KKB) has submitted its inputs and demanded the Government to revoke the current Law on Mass Organization, and ensure that the regulation on mass organizations should be done through the appropriate and relevant legal construct, namely legal entity in form of Foundation (for non-membership based organization) and legal entity in form of Association (for membership-based organization). Through this opportunity KBB together with community figures would like to emphasize the urgency to cease the deliberation of the Bill on Mass Organization and to call for the revocation of the current Law on Mass Organization and replace it with Law on Association.
If the Government and the House of Representatives continues the deliberation and pass the Bill on Mass Organization into Law, this shows that:
a. The Government and the DPR has squandered the state budget for a policy that clearly will obstruct people’s freedom of association and organization;
b. The Government and the DPR has hampered the national legal system and disrupted the independence of Indonesia’s judiciary system in determining the legality of associations, which include legal entities;
c. The Government and the DPR has exhibited disregard to the historical contributions of mass organizations to Indonesia, including in the country’s formation and struggle for independence; and
d. The Government and the DPR haveintentionally engaged in actions that degraded Indonesia’s stature and credibility as a democratic state before the international community.
Therefore, we are urging the Government and the DPR to :
1. Revoke Law No. 8 year 1995 on Mass Organization and restore the regulation of mass organizations to the appropriate and relevant legal construct, namely to a Law on Association for membership‐based organization and the Law on Foundation for non-membership‐based organization.
2. Cease the deliberation and enactment of the Bill on Mass Organization and prioritize the deliberation of the Bill on Association, which has been included in the National Legislation Program (Prolegnas) for 2010‐2014. The Bill on Association has stronger legal basis but has been placed as a lesser priority to the Bill on Mass Organization, which is a misguided and lack of clarity draft bill.
Jakarta, 18 February 2013
KOALISI KEBEBASAN BERSERIKAT (KKB)
1.Aliansi Masyarakat Sipil untuk Demokrasi (YAPPIKA)
2.Pusat Studi Hukum & Kebijakan Indonesia (PSHK)
3. The Wahid Institute
4. Imparsial
5. Yayasan Lembaga Bantuan Hukum Indonesia (YLBHI)
6.Lembaga Bantuan Hukum (LBH) Jakarta
7.Indonesia Parliamentary Center (IPC)
8.Lembaga Studi dan Advokasi Masyarakat (ELSAM)
9.Kelompok Peduli Penghapusan Tindak Kekerasan terhadap Perempuan dan Anak (Keppak Perempuan)
10.Aliansi Nasional Bhinneka Tunggal Ika (ANBTI)
11. Yayasan Bina Desa
12. Indonesia Corruption Watch (ICW)
13.Human Rights Working Group (HRWG)
14.Komisi untuk Orang Hilang dan Korban Tindak Kekerasan (KONTRAS)
15.Wahana Lingkungan Hidup (WALHI)
16.Green Peace Indonesia
17. Arus Pelangi
18. Aliansi Masyarakat Adat Nusantara (AMAN)
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