DRAFT RUU ORMAS 2013 PDF

Grok See interview with Dr. In addition, the importance of political stability was emphasized by President Soeharto in his State Address on August 16, The definition embraces all types of drat, whether with or without legal entity status, including foundations and associations. The board of the executive of such an organization, if convicted, can be sentenced to 15 to 20 years in prison. The immediate priority should be on the Bill on Associations, which has a valid legal basis and is already listed in the Drafy Legislation Programnumber No later than 7 days after the petition submitted by the Notary.

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Grok See interview with Dr. In addition, the importance of political stability was emphasized by President Soeharto in his State Address on August 16, The definition embraces all types of drat, whether with or without legal entity status, including foundations and associations. The board of the executive of such an organization, if convicted, can be sentenced to 15 to 20 years in prison. The immediate priority should be on the Bill on Associations, which has a valid legal basis and is already listed in the Drafy Legislation Programnumber No later than 7 days after the petition submitted by the Notary.

Indonesia needs a more enabling legal framework to strengthen the CSO sector. These include, among others, discretionary sanction powers of government officials to suspend and dissolve CSOs without any legal order. CSOs could also request a hearing with each political faction to discuss the Bill. The draft Bill requires that a societal organization make its activity and financial report accessible to the public.

There are various terms used to refer to a civil society organization CSO in Indonesia. It is important for Indonesia to improve the legal framework. Legislation during the House of Representatives Final Period. Consumer protection organization [13]. In the draft bill dated Novemberthere are some important changes compared to the draft bill.

CSOs play a crucial role in a democratic country. The bill has now entered the first phase of deliberation. For those with legal entity status, registration as a societal organization serves little or no purpose. The Ministry stated that it had changed its perspective and also admitted that the Law on Societal Organizations is no longer suitable for a democratic era. This article will not focus on other types of legal entities, such as labor unions, [25] cooperatives, [26] or political parties.

The short-term recommendations are based on that schedule, seeking to make input into the parliamentary process. The draft Bill also regulates the foreign societal organization, which is defined as a nonprofit organization that is established by foreigners as a foreign legal entity and that conducts activity in Indonesia. The Special Committee for the Bill on Societal Organizations in the Parliament originally scheduled the discussion of the Bill to run from January 26 until May 22,but did not manage to complete the discussion during that time frame.

Young Indonesian Activists Organize to Defend Democratic Freedoms It is not easy to understand the timeline of the establishment process provided in the Law on Foundations, but the following attempts to outline the process more clearly:.

It is a major source of worry to suggest that CSOs doing legitimate work such as monitoring corruption or advocating for security sector reforms potentially run afoul of the Ormas law. Indonesian civil society is concerned about the Ormas Bill because orkas threatens to undermine freedom of dtaft and expression. Suhardiman from Fraksi Karya Pembangunan[48] reminded the Committee about the importance of this law.

Additionally, the process itself has raised an ethical question, whether a lame duck parliament can make such substantial changes for the future parliament. Article 28 and Article 28E section 3 of the Indonesian Constitution guarantee the freedom of association:. In doing so, the rights to the freedoms of association, expression and religion will be effectively curtailed.

Subsequently, the Ministry started to discuss further implementing regulations for the Law. 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.

Therefore, the Bill on Plantations should have been entered into the Prolegnas before its preparation and discussion stage with the Government. LRWD Edition 23 : July — ruu The refusal towards it not only comes from the civil society, but also from political parties who were engaged in the making of the law. As the House prepares to deliberate the contentious Ormas bill, we stress that all existing prmas and problematic provisions in the bill must be duly addressed.

CSOs need to be more involved in the lawmaking process. Your email address will not be published. The government may also suspend the activity of a societal organization after issuing three warnings occurring within a maximum period of 60 dayswhere the organization receives from or provides to a foreign party drxft kind of support which is against the law; conducts fundraising for the interest of a political party or campaign for a political position; or receives support money, goods, or services from any kind of party without a clear identity.

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. All established legal entities shall be, even as private individuals, authorized to perform civil acts, without prejudice to the public ordinances, in which such authority may be amended, drafh or rendered subject to certain formalities.

All of this influencing the spirit and direction as shown by State Policy Guideline Regarding financial transparency and accountability, a foundation must publish an abridged version of its annual report on an announcement board in its office.

As of June 17,the government, based on Article 15, had authority to dissolve organizations that were not complying. Abdul Maliq Harmain, mentioned the date of July 12,as the new time frame for dratf of the Bill in the Plenary Session.

The enactment of a new Law on Associations is a crucial step toward strengthening the legal framework for associations. The foundation ormaz Indonesia is defined as a non-membership legal entity. 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. Related Articles.

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DRAFT RUU ORMAS 2013 PDF

Mumuro Skip to main content. See Elucidation of Article 8 Law on Foundations. Therefore, even though they have entered the last session, the legislative process still needs to be continuously monitored by the community. However, it may not be realistic to expect the Committee to withdraw the Bill, since the Bill is already being discussed special committee established, budget allocated, etc.

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Associations may be dissolved voluntarily or involuntarily. By contrast, in many civil law countries, it is the Ministry of Justice or the court system that is made responsible for the registration and supervision of CSOs. It also clearly reflects an imbalance between the number of foundations and the number of associations. In the absence of expressed commitment or effort to do so, we call on all members of the House to reject the Ormas bill in its current form.

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