CD Skripsi
Analisis Mekanisme Pembubaran Ormas Berdasarkan Undang-Undang Nomor 16 Tahun 2017 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2017 Tentang Perubahan Atas Undang-Undang Nomor 17 Tahun 2013 Tentang Organisasi Kemasyarakatan Menjadi Undang-Undang Ditinjau Dalam Perspektif Negara Hukum Dan Demokrasi Di Indonesia
ABSTRACT
The dissolution of social organizations which are the absolute authority of the Government based on Law Number 16 of 2017 concerning Stipulation of Government Regulations in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Social Organizations into Laws does not reflect the basic principles of a rule of law and democracy that requires the protection of human rights and the distribution of power in order to prevent the instrumentation process from placing the law as part of power. The dissolution of social organizations should still involve a court process to avoid subjective decisions made by the government. Therefore, the purpose of this thesis research is first, to analyze the mechanism for dissolution of social organizations based on Law Number 16 of 2017 concerning Stipulation of Government Regulations in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Social Organizations into Laws which is reviewed from the perspective of the rule of law and democracy in Indonesia. Second, the ideal arrangement for the dissolution of cocial organizations in Indonesia
This type of research can be classified into normative juridical research, namely a research that describes clearly and in detail the mechanism for the dissolution of social organizations based on Law Number 16 of 2017 concerning Stipulation of Government Regulations in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Social Organizations into Laws, which is reviewed from the perspective of a rule of law and democracy in Indonesia. This study uses data sources in the form of primary data and secondary data, and data collection techniques are carried out by literature review.
From the results of the research problem there are two main things that can be concluded. First, the problem of fulfilling human rights in the mechanism for dissolving social organizations in Indonesia. Second, the ideal arrangement is related to the mechanism for the dissolution of Social Organizations in Indonesia. The author's suggestion is that the current Law on Social Organizations needs to be revised again by incorporating the court's authority in deciding disputes over the dissolution of social organizations which is supported by the application of fast, simple and low-cost judicial principles.
Say key: Social Organization-Rule of Law-Democracy
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