ANALISIS MEKANISME PEMBUBARAN ORMAS BERDASARKAN UNDANG-UNDANG NOMOR 16 TAHUN 2017 TETANG 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