DRAFT RUU ORMAS 2013 PDF

View Perpu_Nomor_2_Tahun_ tentang from LAW 1 at 20 pages PERDA KOTA DEPOK THN NO 02 TTG PERUBAHAN KEDUA ATAS . Unfortunately, House’s intention to reform seems to not exist on the final draft of the MD3 Law. On 10 July , the House of Representatives held a Plenary These are the Bill on Soil and Water Conservation (RUU Konservasi Monitoring dan Evaluasi Pelaksanaan UU Ormas Tahun ke-V (2 Juli. Some say that the bill was initially drafted to limit the actions of fundamentalist On 12 April , women from FAMM-Indonesia joined a protest rally in Surabaya, East “Hati-hati kembalinya militerisme di balik ruu ormas!.

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After the incident, the police brought together the leaders of the societal organizations involved, Pemuda Pancasila, Forum Betawi Rempug, Kembang Latar, and Forkabi, to reconcile their differences. While the law and regulations governing foundations in Indonesia are comprehensive and up to date, the same is not the case for associations. The liberties of association and assembly, the freedom of thought expressed verbally or in writing, and similar rights are to be determined by law.

Standing in solidarity, they chanted against the Ormas Bill:. The government then will promote settlement through the mechanism of mediation and conciliation. At the meeting it was agreed to review the Law on Societal Organizations. The foundation in Indonesia is defined as a non-membership legal entity. This is further compounded by the apparent haste that lawmakers of the House are in to approve the bill.

It is important for Indonesia to improve the legal framework. Specifically, the draft Bill states that to optimize its ruuu and function, a societal organization may integrate itself into an umbrella organization. While there are a range of laws and regulations governing CSOs, [24] this article will focus on the framework legislation relating to associations and foundations, two key organizational forms for CSOs in Indonesia, as important context for understanding the place of the societal organization.

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Such a regulatory approach is not likely to lead to a healthy and strong civic sector in Indonesia. This data reflects a serious problem in the field. The application is made through a dradt notary, and the public notary is obligated to submit the application to the Ministry within 10 days from the time the deed of establishment is signed. This argument, however, was not accepted.

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orjas See Article 5, Staatsblad From the Same Category. Data from the Ministry of Law and Human Rights reveals the existence of 21, registered foundations and incorporated associations.

Abdul Maliq Harmain, mentioned the date of July 12,as the new time frame for discussion of the Bill in the Plenary Session. The law requires three governing organs in a foundation: In the early discussions tuu the Bill, the Chairman identified six main problems: Article 2 requires that the single basic principle Asas Tunggal of Pancasila be upheld by societal organizations.

A constructive response to the Bill would be for CSOs to participate in and contribute to the ongoing process in the Parliament, by sharing their views on the Bill and supporting a more enabling legal framework for CSOs.

There are undoubtedly more than 21, foundations and incorporated associations in Indonesia; this reveals not only a problem of registration or an incomplete database, but also a problem of the effectiveness of law.

The Law on Societal Organizations should be revoked, not revised. rraft

F-PP argued that Indonesia is a rule-of-law state where such measures as suspension and dissolution should be based on court decisions. See interview with Dr. Dratt person 0213 the right to freely associate, assemble, and express his opinions. July Next Next post: The Chief of the Special Committee, Mr. In this case, the government will first give a written warning. The foundation is clearly defined by the Law on Foundations as a non-membership organization, while the societal organization is defined as a membership-based organization.

The immediate priority should be on the Bill on Associations, which has a valid legal basis and is already listed in the National Legislation Programnumber The bill has now entered the first phase of deliberation.

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This article will describe the legal framework relating to societal organizations, the context of the revision process, and how it will affect the freedom of association in Indonesia. Currently, both human rights activists and Muslim conservatives fear that the bill will revive the authoritarianism of former Draff President Suharto during the New Order era.

We remain unconvinced and believe that the Ormas law will result in a shrinking democratic space and lack of enabling environment for civil society organizations to carry out their legitimate work without fear of reprisals or harassment.

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Ormaas their recommendations, the Coalition urges the upcoming House members of the period to revise the MD3 Law, particularly to sterilize it from the effects of the Presidential Election scramble and several other agendas that tend to not significantly boost parliamentary reformation. Neither organization even received the decree of the Ministry regarding the dissolution.

The omras, based on Article 15, can dissolve organizations that violate this requirement. It is not a draft revision as planned in the National Legislation Program, but rather a new law which will revoke the existing law.

LRWD Edition 23 : July 2014

The laws in many countries provide for a special status for CSOs — a public benefit or charitable status, for example — but with this status come fiscal privileges, usually in the form of tax exemptions. For example, CSOs should be more aware of taxation issues and the availability of tax incentives. There is a substantial possibility, however, that the targeted schedule will again not be met. The end result of these discussions, as reflected in the Eraft on Societal Organizations, was that the government can dissolve organizations directly, without court involvement, with the exception of national-level organizations, where consideration of the Supreme Court is also needed.

If you require drafy information, please kindly contact Joses Kuan at tel: This means that the period of House of Representatives have only one session left, which will be held from 16 August until 30 September Voluntary dissolution is based on the agreement of its members, the expiration of its existence as defined in its governing statute, or accomplishment of its purposes. Members of the three organs of a foundation also may not serve as board members, managers, or supervisors in any business enterprise that the foundation establishes or in which it invests.

Relevant sectoral ministries, such as the Ministry of Social Affairs, Ministry of Education, or Ministry of Religious Affairs can use their regulatory roles to further support and facilitate the activities of foundations and associations. In practice, the Ministry of Home Affairs also includes foundations within the definition of societal organizations.