Coercive Urgency in Deactivationand Dissolution of Non-Government Organizations in Indonesia

Abstract

Abstract: Freedom of association is a right whichis guaranteed in the 1945 Constitution of the Republic of Indonesia. That freedom is manifested in the formation of Non-Government Organizations (NGOs) in society. However, the establishment and work of the organization are also regulated by statutory provisions. For example, the existence of the right of the state to dissolve Non-Government Organizations that deviate from the ideology of Pancasila. The legal basis for deactivate and dissolving NGOs is Government Regulation in Lieu of Law (Perpu) Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Non-Government Organizations. That provision is published because there was a coercive urgency. The State has authority to control the work and activity from organization, in order to maintain the organization to not deviate from the principles of the rule of law and democracy. Coercive Urgency reason should not be used without objective consideration. This research examines how the coercive urgency is issued which is make thePerpucan be issued. Those problems are carried out with normative legal research. There is a threat to basic ideology can be considered as a coercive urgency. This can be accepted as long as the principle of Law in the deactivate and dissolution of NGOs carried out properly.