RELATIONS BETWEEN THE STATE AND CONSERVATIVE ISLAMIC GROUPS; STUDY OF CONTROVERSY, TENSION, AND POLEMICS ON THE RATIFICATION OF THE FREEDOM OF ORGANIZATION LAW IN INDONESIA FROM THE PERSPECTIVE OF PANCASILA
This article describes the freedom to organize in Law No. 16 of 2017, specifically related to the implementation of freedom of association for mass organizations and the government. Then, through this reality, the essence of space to organize from the Pancasila perspective is formulated. The abolition of HTI and FPI mass organizations left the issue of injustice regarding freedom of association, especially when the dissolution of mass organizations did not go through a judge's decision in court. The decision disband was urgent because apart from being considered a threat to unity, the mass organization also carried the ideology of the Khilafah in Indonesia. Based on the perspective of CSOs, the doctrine of the Khilafah that is fighting for does not conflict with Pancasila. In contrast, proving CSOs against Pancasila through trials does not apply after the enactment of Law No. 16 of 2017. This study argues that CBOs and the government in the dissolution case did not refer to the values Pancasila, which was agreed upon by the founding fathers of the State, but the Pancasila version of the interpretation of Ormas. Through this study it is hoped that mass organizations and the government will return to referring to Pancasila, which has been agreed upon by all Indonesian people and the founding fathers of the State. This research is normative legal research that uses statutory, comparative study, legal history, and conceptual approaches. The results of this study indicate that mass organizations and the government understand Pancasila according to their respective interests and ideology as an indicator of freedom.
Freedom, Human Rights, Organization, Pancasila, Islam conservative