The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations

The government efforts to dissolve the societal organizations must be carried out in accordance of stages and processes stipulated in the Law on Societal Organizations. Persuasive efforts must be done first before the imposition of administrative sanctions. Administrative sanctions in the form of wa...

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Main Author: Putra Perdana Ahmad Saifulloh
Format: Article
Language:English
Published: Constitutional Court of the Republic of Indoneisa 2018-05-01
Series:Constitutional Review
Subjects:
Online Access:https://consrev.mkri.id/index.php/const-rev/article/view/1324
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author Putra Perdana Ahmad Saifulloh
author_facet Putra Perdana Ahmad Saifulloh
author_sort Putra Perdana Ahmad Saifulloh
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description The government efforts to dissolve the societal organizations must be carried out in accordance of stages and processes stipulated in the Law on Societal Organizations. Persuasive efforts must be done first before the imposition of administrative sanctions. Administrative sanctions in the form of warning letters and temporary suspensions of activities need to be done before the Government dissolves the societal organizations after a court decision was obtained from the permanent legal force. The writer considered that the dissolution of societal organizations by the Government was urgent for the present, but the Government before dissolving societal organizations should seek consideration from the Constitutional Court of Indonesia as the guardian, and interpreter of Pancasila. Thus, the Constitutional Court of Indonesia as a neutral judicial institution shall have the authority to consider whether a societal organization will be dissolved.
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spelling doaj.art-4c90eb9789274cd38b2e1ab31a52b58e2022-12-22T03:28:20ZengConstitutional Court of the Republic of IndoneisaConstitutional Review2460-00162548-38702018-05-014113115610.31078/consrev416365The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal OrganizationsPutra Perdana Ahmad Saifulloh0Faculty of Law, Bhayangkara University, Jakarta RayaThe government efforts to dissolve the societal organizations must be carried out in accordance of stages and processes stipulated in the Law on Societal Organizations. Persuasive efforts must be done first before the imposition of administrative sanctions. Administrative sanctions in the form of warning letters and temporary suspensions of activities need to be done before the Government dissolves the societal organizations after a court decision was obtained from the permanent legal force. The writer considered that the dissolution of societal organizations by the Government was urgent for the present, but the Government before dissolving societal organizations should seek consideration from the Constitutional Court of Indonesia as the guardian, and interpreter of Pancasila. Thus, the Constitutional Court of Indonesia as a neutral judicial institution shall have the authority to consider whether a societal organization will be dissolved.https://consrev.mkri.id/index.php/const-rev/article/view/1324constitutional court of indonesiadissolution of societal organizationspancasila
spellingShingle Putra Perdana Ahmad Saifulloh
The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations
Constitutional Review
constitutional court of indonesia
dissolution of societal organizations
pancasila
title The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations
title_full The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations
title_fullStr The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations
title_full_unstemmed The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations
title_short The Obligation of the Constitutional Court of Indonesia to Give Consideration in the Process of Dissolution of Societal Organizations
title_sort obligation of the constitutional court of indonesia to give consideration in the process of dissolution of societal organizations
topic constitutional court of indonesia
dissolution of societal organizations
pancasila
url https://consrev.mkri.id/index.php/const-rev/article/view/1324
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