'Decide the suit of the plaintiff, was rejected entirely
Thus, the BG remains dissolved in accordance Perppu Number two of the Year twenty seventeen on Social OrganizationThe decision taken by the government is right, said the presiding Judge Tri Cahya Indra Permana, in the courtroom of the ADMINISTRATIVE court, East Jakarta, Monday, as reported by the BBC Indonesia, Rafki Hidayat. The sound of takbir echoed in the courtroom, which is partially filled with sympathizers of ex-BG. They immediately stood to leave the courtroom, immediately after the verdict was read. The judges reasoned, there is no defect of jurisdiction in the making of Government Regulation in Lieu of Law Number two of the year twenty-seventeen (Perppu Cbos) that are used to disperse the HTI. In the Perppu, the government remove the article that the dissolution of the organization, as written in Law No. seventeen year twenty-thirteen of the Organizations (UU Ormas), should be through the courts. 'The intention of the government was to simplify the sanctions on the organizations. That is, for organizations that conflict with Pancasila because it is the act of a very disgraceful in the view of the morality of the people of Indonesia, said one member of the panel of judges, Ronny Tri Saputro. HTI called judges proved willing to change the Pancasila state into a caliphate, through a variety of recordings, one of which is 'the pledge of thousands of students of Institut Pertanian Bogor, March twenty, who swore wholeheartedly convinced that the secular is just the source of the suffering of the people. Further, the judges also explained that reasonable for the government not to invite the BG to discuss before the dissolution, because the action is spread understand that conflict with Pancasila, is the condition of the incredible, so it does not need to be discussed. 'BG has been wrong since birth. They are the party of international politics, but in the wrong, be registered as a social organization. So when the status of the legal entity has been revoked, can no longer be restored the status of keormasannya, said judge Ronny Tri Saputro. The government dissolved the PLANTATION in nineteen November twenty seventeen ago, with revoke the status of a legal entity community organizations. HTI considered not running the principles, characteristics and nature of organizations embodied in the Law Number seventeen Year of twenty thirteen about the Community Organizations (UU Ormas), that is 'not contrary to Pancasila and the CONSTITUTION'. In addition, HTI is considered to potentially cause conflict in the community which can threaten security and public order as well as harm to the HOMELAND. Interestingly, the government revoked the status of legal entities of the BG by issuing a Government Regulation in Lieu of Law (Perppu) Number two years twenty, which changes a number of provisions in the organization LAW.
'BG never called and checked, asked for a description
One of them, i.e, to remove articles in the legislation, which mentions that 'the revocation status of a legal entity is imposed after a court ruling'. BG was on thirteen October twenty seventeen the official register the law suit to the ADMINISTRATIVE court, the decision of dissolution by the government. They filed two lawsuit or petition, namely the delay and cancellation of the decision of revocation of the status of legal entities of the BG.
In addition to questioning the dissolution of which is not through the court process, the BG rate of dissolution of the 'not in accordance with the principles of openness without giving a clear reason'.
Lawyer HTI, Yusril Ihza Mahendra, also claims that the doctrine of the caliphate does not conflict with pancasila, because it is not entered in the understand that is prohibited in the LAW of Organizations, i.e. atheism, communism and marxism 'We reject this verdict. We will take legal steps, the appeal, and if denied again, there is still cassation, said the power of the law of HTI, Gugum Ridho Putra, after the hearing. Although the judge has asserted that a reasonable government do not call BG before the dissolution, Gugum still questioning the procedure which he did not obey that law.
(Ago) concluded that one of of where.
Because the examination was never performed. The spokesman of HTI, Ismail Yusanto called the decision of the government disperse the HTI is a 'form of oppression', because it puts the group of propaganda of the caliphate, as a prisoner. 'The judge legalize the injustice of it.
During this propagation of the BG never in question, nothing related to law.
Never called, checked, orderly, peaceful and can permission. So where lies the harm 'It's their legal right. However, the BG must be obedient also to the law of Indonesia, the decision of the trial.
Clearly, the government is to maintain the safety of the state constitution.
While they (HTI), have only a political agenda alone, said one of the members of the legal adviser of the government, Ahmad Budi Prayoga. Perppu Number two of the Year twenty seventeen on the amendment of ACT Number seventeen year of twenty thirteen about the Social Organization gives authority to the Minister of Law and human RIGHTS to 'undertake the revocation of the certificate of registration or the revocation of the status of legal entities' against the organizations 'embrace, develop, and spread teachings or doctrines that are contrary to Pancasila'. Different with the organization LAW of the year twenty-thirteen gave a written warning three times, Perppu is only to give warning as much as one time in a period of seven working days from the date of issuance of the warning. Further, a court ruling that required to dissolve the organizations as listed in Article of the LAW of Organizations of the year twenty-thirteen has been removed in the Perppu. That is, the government no longer requires the court to dissolve the organizations.
