Tinjauan Yuridis Terhadap Pembentukan Peraturan Pemerintah Pengganti Undang-undang (perppu) Nomor 2 Tahun 2017 Tentang Organisasi Kemasyarakatan

Saputra, Dede Anggara (2019) Tinjauan Yuridis Terhadap Pembentukan Peraturan Pemerintah Pengganti Undang-undang (perppu) Nomor 2 Tahun 2017 Tentang Organisasi Kemasyarakatan. Other thesis, Universitas Islam Riau.

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Abstract

Pursuant to article 22 paragraph 1 of the 1945 law which reads in matters of crisis which forces the president to have the right to stipulate government regulations in lieu of the law. Further concerning the compulsive crises as interpreted by the constitutional court as an interpretations of article 22 paragraph 1 of the law, namely : (a). there is a dangerous threat (b). the need that requires , and, (c). the limited time available is seen from the formation of government regulations in lieu of law No 2 of 2017concerning social organizations that occur pro and contra of the state of urgency that forces from issuance of government regulations in lieu of the mass organization law. The formulation of the problem in this study is how the formal and materiel of the formations of the government regulations of the republic of the no. 2 of 2017 on community organization, and what is the legal implication of the establishment of the government regulation of the republic of no. 2 of 2017 on the society organization on the dissolution of the community. The method used in this research is normative legal research method is done based on secondary data. While the nature of the research is descriptive analytics that describes detailed on the formation of the regulations of the republican regulation of the law number 2 years 2017 on the OSHIP. In order to data in the study this authors are doing qualitatively in the qualitative data of the primary data collections of the legislation of the legislation to know the next general photo writer learn the concrete facts and the opinion of the law expert, after which the author is a larger number of the primary data in the form of legislation with the opininon of experts to the concrete facts that occurred. While the withdrawal method of the conclusion used in this research is an inductive method of ingredients for the particular thing to the general. In the issuance of government regulations in lieu of the laws of public organizations the government is unable to explain factually the crunch and force of government regulations in lieu of these community organizations laws, so there are many weaknesses in the formation of both formal and material aspects. The presence of government regulations in lieu of the community organizations law is prescribed by several Islamic community organizations that have different views with the government and it is then made a precarious and compelling situation. Furthermore, the implications of government regulations in lieu of the law in the process of dissolving community organizations the role of the court was removed and dissolutions could be carried out unilaterally by the government. This clearly impedes freedom of assembly and expresses opinions that have been guaranteed by the constitutions and contradicts the values of democracy.

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