Wednesday, 6 June 2012


           The Indonesian Law and Policy Study Center (PSHKI) saw that the controversy of Lady Gaga Concert vs FBI (the Islamic Defenders Front) was a separated thing from Bill on Public Organization. Because even without the controversial case of Lady Gaga, Law on Public Organization 1995 was no answer to problems including individual violence. The Bill on Public Organization now being discussed in Parliementy signaled action and consistency and law enforcement. Violence was happening openly everyday among the people. “Apart from the violence by individuals or organizations, there is a problem in the capacity and ratio of law enforcers: organizations. The number law enforcers personnel was not proportional against 240 million Indonesian people.

            The Bill on Public Organization signaled an ideal number of security personnel and population of a certain region the Director of Monitoring, Advocation of PSKH Ronald Rofiandi told Business News (22/5).

            Most of the public opinion today seemed to suggest that the Bill on Ormas was meant to oppress act of violence committed by some public organization (ormas). In fact action on ormas which committed violence had nothing to do with the existing Law on Ormas or proposed Bill on Ormas being discussed in House today. They were totally different things. “If the capacity of law enforcers today were ideal, violence by groups or individuals could be minimized.

            Discussion of Bill on Public Organization would automatically cancel law of 1985. PSHJK also saw that the 1985 Law was not revised because there were many substantial points which needed to be cancelled. Public organization were hunted by the previous regieme to be controlled and to repress the liberty to organize. Public organizations had strong political ambience rather than legal arguments. Besides, the Bill on Ormas tend to lead to second to registration which was unnecessary and more inclined to longer bureaucracy and tend to be repressive. Hence the very existence of Ormas law would make legal stipulations in Indonesia more complicated and served as no solution to existing problems. “Regulations on ormas of social organization should be focused more on clubs or foundations. A change as such had proper underlying legal strength” Ronald was quoted as saying.

            The internal agenda of Bill on Ormas this week was supposedly a decisive forum for House. BPSK was expecting change of Ormas Bill would be realized soon. The substitute was the Law of clubs which was being prepared by the Ministry of Law and Human Rights and must not have to wait too long. “So the Lady Gaga controversion and FBI threat shall have no connection with the Ormas Bill. The threat of violence itself would be in the domain of Criminal Law. Whoever participated, or provokes others to acts of violence would be in the domain of Criminal Law. But the Ormas Bill is purely for law enforcement in Indonesia.” Ronald remarked.

            In various consultative session on Bill on Ormas held in Medan, Yogyakarta and Makassar last March, the special Committee on Ormas Bill had not found any sound concept in regard to the urgency and definition of Ormas The understanding and scope of Ormas tend to generalize type and criteria starting from organization of profession to community of hibby and interest, foundation, clubs, and mass-based organization. “Violence is hard to eliminate, but it can be minimized. One of the possible measures is preventive measures through increased capacity of law enforcers. Such is already accommodated in the Bill of Ormas”. Ronald said.

            In a separate location, the association of Pasar Baru traders in Central Jakarta said that the presence of ormas was always related to crowds. The limited personnel of security forces was commonplace and naturally benefited by Ormas. The Pasar Baru shopping center had always been benefited by non-religious ormas like FBI. “In the era of President Megawati, there were many command centers of PDI-P voliunteers. They did not start riots, but regulated parking instead. Many jobless people found a job from car parking around Pasar Baru market” Irwan of Irwan Collection Chairman of Traders Association of Pasar Atom Metro in Pasar Baru told Business News sometime ago.

            Nevertheless some police individuals of polsek (sectoral police) level often asked for their share from some traders “In principle if trade activities of traders were not disturbed by acts of crime, traders had no objections to paying, so we practically never had any problem with ormas such as PDI-P volunteers and the like”. 

Business - News, May 25, 2012   

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