TINJAUAN YURIDIS TERHADAP KEBEBASAN BERSERIKAT, BERKUMPUL DAN MENGELUARKAN PENDAPAT BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN
ABSTRACT: In the new law was
passed precisely on July 22, 2013 last, great hope in the community contribute
significantly to regulate the scope and definition of Social Organization
clearly related to administrative legal aspects. Although equipped with setting
role of government and local government in fostering Community Organization, the
presence of foreign Community Organizations conducting activities in Indonesia,
to the sanctions for Community Organization who commit certain violations. So
when an organization Kemasyarakatanyang no legal status, have registered to be
recognized asCommunity Organisations who can do the organization's activities
in the sphere ofregional and national. Instead of a Community Organisations who
do not enroll in governmentauthorities can not service of the government, but
the state can not establish the Community Organization as an illegal
organization, even the state can not prohibit such activities as long as not
violating the law. But if the events and activities of Community Organizations
has been proven to have violated the law and threaten security and public order,
violate the rights of freedom of others, as set forth in the sense of freedom
of human rights, or violate the moral values and religion, the state is obliged
to ensure public order and function can perform law enforcement, can even stop
the activities of aCommunity Organization. The explanation was clearly gives
understanding to the state or the ruling for not limiting step and Social
Organization activities based solely on their registration status.In addition,
the right of individuals to participate in advancing the nation through anorganization
or association as prescribed in Article 28E paragraph (3), which in essencestates
must respect these rights. Preferably Act No. 17 of 2013 on Social Organizationrevisions
back, because there are many chapters which give rise to a contradiction to the
other rules. For Community Organisations who are not registered are still
allowed tocarry out activities, just not getting Social and Development funding
from the Government.
Keywords: Freedom of
Association, Assembly and Removing Opinion Based on Law No. 17 of 2013 on
Social Organization
Penulis: RAJA ADIL SIREGAR
Kode Jurnal: jphukumdd151164
