NU Juga Bisa Bubar Melalui Perppu Ormas

NU Juga Bisa Bubar Melalui Perppu Ormas

NU Juga Bisa Bubar Melalui Perppu Ormas

Liputan46 – Kuasa hukum Hizbut Tahrir Indonesia (HTI) Yusril Ihza Mahendra mengatakan, semua organisasi kemasyarakatan (Ormas) berpotensi dibubarkan oleh pemerintah berdasarkan Perppu No. 2 Tahun 2017 tentang Perubahan atas Undang-Undang No. 17 tahun 2013 tentang Organisasi Kemasyarakatan ( Perppu Ormas).

Diterangkan Yusril Ihza Mahendra saya ingatkan ke semua pimpinan ormas jangan senang dulu. Sekarang ada yang senang kan, antusias. Ini bisa berbalik ke semua. NU juga bsa bubar dengan ormas ini karena itu kita harus hati-hati dengan perkembangan ini dan dijelaskan juga oleh Yusril usai mendampingi Jubir HTI mengajukan gugatan uji materi Perppu Ormas di gedung Mahkamah Konstitusi (MK), Jakarta Pusat, Selasa 18 Juli 2017.

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Menurut Yusril, beberapa pasal dalam Perppu Ormas berpotensi memberangus kebebasan berserikat. Ditambah lagi dengan ketidakjelasan definisi ajaran atau paham yang bertentangan dengan Pancasila. Selain itu, Yusril juga mengkritik penerapan asas contrarius actus yang memberikan kewenangan Mendagri dan Menkumham mencabut status badan hukum ormas. Yusril mengatakan, pencabutan status ormas hanya bisa dilakukan melalui pengadilan.

Diterangkan oleh Yusril terkait dengan Asas contrarius actus itu enggak bisa diterapkan ke ormas tersebut untuk kasus administrasi pemerintahan dalam kaitan pemberhentian kepegawaian, misalnya pegawai PNS, tetapi kalau ormas kan bukan diangkat dalam jabatan. Ormas dipisahkan sebagai badan hukum atau didaftarkan sebagai organisasi. Tidak bisa dibubarkan dengan asas contrarius actus, sebelumnya, Yusril sempat mengkritik beberapa pasal sebagai dasar mengugat uji materi Perppu Ormas. Pasal-pasal tersebut dinilai bersifat karet, tumpang tindih dengan peraturan hukum lain dan berpotensi menimbulkan ketidakpastian hukum.

Dijelaskan juga oleh pasal 59 ayat (4) sebagai salah satu pasal karet. Pada bagian penjelasan Pasal 59 Ayat (4) Huruf c menyebutkan ajaran atau paham yang bertentangan dengan Pancasila antara lain ajaran ateisme, komunisme/marxisme-leninisme, atau paham lain yang bertujuan mengganti/mengubah Pancasila dan Undang-Undang Dasar Tahun 1945, namun Yusril juga menjelaskan Perppu tersebut tidak menjelaskan secara detil mengenai penafsiran paham yang bertentangan dengan Pancasila. Di sisi lain, penafsiran sebuah paham tanpa melalui pengadilan akan memunculkan tafsir tunggal dari pemerintah.

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