POLITIK HUKUM PEMBUBARAN ORGANISASI KEMASYARAKATAN DALAM PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 2 TAHUN 2017 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 17 TAHUN 2013 DAN DIKAITKAN DENGAN KETENTUAN PASAL 22 AYAT (1) UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

Abstract

This study discusses about the Political Law of Dissolution of Social
Organizations in Government Regulation in Lieu of Law No. 2 of 2017. The
history of the publication is based on the government's claim that Law No. 17 of
2013 on Community Organizations is not effective in preventing the mass
organizations that are against the Pancasila. Prior to this Lieu of Law, the case of
the dissolution of mass organizations was carried out through the District Court
However, in Lieu of Law No. 2 of 2017 Chapter 80A which stipulates that in
revocation of certificates registered by the Minister at the same time declared
dissolved. The President shall have the right to enact a Government Regulation
in lieu of law. As this is not in accordance with the state of Indonesia when the
issuance of this lieu of law. The aims of writing this thesis are; First, to know
what is the political law in Government Regulation Substitute Law No. 2 of 2017.
Second, to know whether Lieu of Law No. 2 of 2017 in accordance with the
provisions of Chapter 22 Point (1) of the Constitution The Republic of Indonesia
of 1945.
This research is normative legal type research in finding the truth of
coherence. This normative legal research uses secondary data, the data collecting
technique of this research is using literature studies.
From the results of the research, there are two main things that can be
concluded. First, the legal politics of the establishment of Lieu of the Law No. 2 of
2017 is the process of dissolution of accelerated social organizations in terms of
its mechanism; Secondly, the appropriateness of crucial meanings between Lieu
of the Law. No. 2 of 2017 and the provisions of Chapter 22 Point (1) of The 1945
Constitution is not fully fulfilled. The writer's suggestion, Firstly, in forming the
law the government have to establish the direction of the policy with the
objectives of the state of Indonesia; Secondly, the President should analyze the
elements of the interests of the force based on the considerations of the experts of
law as well as the consideration of state circumstances.
Keywords: Political Law - Dissolution - Mass Organization