Government Ask Court to Ban HTI
Senin, 08 Mei 2017 - 20:36 WIB
Government Ask Court to Ban HTI
A
A
A
JAKARTA - Coordinating Minister for Law, Security and Political Affairs, Wiranto said the government will ask the Supreme Court to ban Hizbut Tahrir Indonesia (HTI).
"In this connection, there will be legal procedure to be followed. The government would not act arbitrarily. We will be guided by the law," Wiranto said on Monday (8/5).
He said the government is seeking to dissolve HTI as this organization failed to contribute to national development. On the contrary, there are indications that HTI is against the state ideology Pancasila and the Constitution.
"What is certain is that the measure is taken to prevent embryos that would create public disorder, security problem and would grow to be against the existence of the state," he added.
Meanwhile the countrys two largest non political Islamic organizations Nahdlatul Ulama (NU) and Muhammadiyah expressed strong opposition to any attempt to replace Pancasila with other ideology.
Previously, government's plan to dissolve HTI, called Chairman of the Star Crescent Party (PBB) Yusril Ihza Mahendra, can not just be done by the government.
He said that dissolving organizations with legal status and national scope must be persuasive by giving warning letter in three times.
"If the persuasive step is ignored, then government can apply to dissolve the organization to court," Yusril said in Jakarta, Monday (8/4).
In court in court, said Yusril, mass organizations who want to be dissolved by the opportunity to defend themselves by filing evidence, witnesses and experts to be heard before the trial.
"The decision of the district court can be made an appeal to the Supreme Court," said Yusril who is also an expert in constitutional law.
He explained that based on Article 59 and 69 of Law No. 17 of 2013 on Community Organizations (CSOs), mass organizations are prohibited from conducting various activities, such as spreading racial and intergroup hostility, doing separatist activities, raising funds For political parties and to disseminate ideas that contradict Pancasila.
For that reason, he said, mass organizations can be revoked the status of legal entity and its registered status, which is equivalent to the dissolution of these organizations.
Nevertheless, Yusril said, the government should be cautious before taking a persuasive step before taking legal action to dissolve HTI.
"The legal action must be based on a deep study with solid evidence, otherwise the request for dissolution proposed by the prosecutor at the request of the Minister of Law and Human Rights can be defeated in court, by HTI lawyers," Yusril said.
"In this connection, there will be legal procedure to be followed. The government would not act arbitrarily. We will be guided by the law," Wiranto said on Monday (8/5).
He said the government is seeking to dissolve HTI as this organization failed to contribute to national development. On the contrary, there are indications that HTI is against the state ideology Pancasila and the Constitution.
"What is certain is that the measure is taken to prevent embryos that would create public disorder, security problem and would grow to be against the existence of the state," he added.
Meanwhile the countrys two largest non political Islamic organizations Nahdlatul Ulama (NU) and Muhammadiyah expressed strong opposition to any attempt to replace Pancasila with other ideology.
Previously, government's plan to dissolve HTI, called Chairman of the Star Crescent Party (PBB) Yusril Ihza Mahendra, can not just be done by the government.
He said that dissolving organizations with legal status and national scope must be persuasive by giving warning letter in three times.
"If the persuasive step is ignored, then government can apply to dissolve the organization to court," Yusril said in Jakarta, Monday (8/4).
In court in court, said Yusril, mass organizations who want to be dissolved by the opportunity to defend themselves by filing evidence, witnesses and experts to be heard before the trial.
"The decision of the district court can be made an appeal to the Supreme Court," said Yusril who is also an expert in constitutional law.
He explained that based on Article 59 and 69 of Law No. 17 of 2013 on Community Organizations (CSOs), mass organizations are prohibited from conducting various activities, such as spreading racial and intergroup hostility, doing separatist activities, raising funds For political parties and to disseminate ideas that contradict Pancasila.
For that reason, he said, mass organizations can be revoked the status of legal entity and its registered status, which is equivalent to the dissolution of these organizations.
Nevertheless, Yusril said, the government should be cautious before taking a persuasive step before taking legal action to dissolve HTI.
"The legal action must be based on a deep study with solid evidence, otherwise the request for dissolution proposed by the prosecutor at the request of the Minister of Law and Human Rights can be defeated in court, by HTI lawyers," Yusril said.
(rnz)
