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Original Research

LEGAL REVIEW OF THE IMPLEMENTATION OF THE DUE PROCESS MODEL MECHANISM IN DISSOLUTION OF COMMUNITY ORGANIZATIONS

ALEX CHANDRA 1, MOH SUTARJO 2, and LINDA AFRIANI 3.

Vol 18, No 05 ( 2023 )   |  DOI: 10.17605/OSF.IO/PGBJ4   |   Author Affiliation: Awang Long School of Law, Samarinda, Indonesia 1,3; Faculty of Social and Political Science, Universitas Swadaya Gunung Jati, Cirebon, Indonesia 2.   |   Licensing: CC 4.0   |   Pg no: 963-981   |   Published on: 18-05-2023

Abstract

The existence of Community Organizations, which are better known as Ormas, in Indonesia is no stranger to hearing, the tendency of an individual to gather is the reason for establishing an Ormas, the existence of an Ormas is specifically regulated in the Law of the Republic of Indonesia Number 17 of 2013 Concerning Community Organizations as Has Been Amended By Existence of Government Regulation in lieu of Law of the Republic of Indonesia Number 2 of 2017 Concerning Amendment to Law Number 17 of 2013 concerning Community Organizations Legalized Through Law of the Republic of Indonesia Number 16 of 2017 concerning Stipulation of Government Regulation in lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Community Organizations. Ormas itself is an organization founded and formed by the community voluntarily based on common aspirations, desires, needs, interests, activities and goals to participate in development in order to achieve the goals of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The right of CSOs, of course, is to get protection by law because Freedom of Assembly and Opinion itself is part of human rights, but the State that should protect these rights in fact eliminates the judicial mechanism that existed in the old Ormas Law so that the government could dissolve Ormas arbitrarily without there is resistance from NGOs.


Keywords

Community Organization, Protection, Due Process Model