TINJAUAN YURIDIS TERHADAP KEBEBASAN BERSERIKAT, BERKUMPUL DAN MENGELUARKAN PENDAPAT BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN

Abstract

In the new law was passed precisely on July 22, 2013 last, great hope in the
community contribute significantly to regulate the scope and definition of Social
Organization clearly related to administrative legal aspects. Although equipped with
setting role of government and local government in fostering Community Organization,
the presence of foreign Community Organizations conducting activities in Indonesia, to
the sanctions for Community Organization who commit certain violations. So when an
organization Kemasyarakatanyang no legal status, have registered to be recognized as
Community Organisations who can do the organization's activities in the sphere of
regional and national.
Instead of a Community Organisations who do not enroll in government
authorities can not service of the government, but the state can not establish the
Community Organization as an illegal organization, even the state can not prohibit such
activities as long as not violating the law. But if the events and activities of Community
Organizations has been proven to have violated the law and threaten security and public
order, violate the rights of freedom of others, as set forth in the sense of freedom of
human rights, or violate the moral values and religion, the state is obliged to ensure
public order and function can perform law enforcement, can even stop the activities of a
Community Organization.
The explanation was clearly gives understanding to the state or the ruling for not
limiting step and Social Organization activities based solely on their registration status.
In addition, the right of individuals to participate in advancing the nation through an
organization or association as prescribed in Article 28E paragraph (3), which in essence
states must respect these rights. Preferably Act No. 17 of 2013 on Social Organization
revisions back, because there are many chapters which give rise to a contradiction to the
other rules. For Community Organisations who are not registered are still allowed to
carry out activities, just not getting Social and Development funding from the
Government.
Keywords: Freedom of Association, Assembly and Removing Opinion Based on Law
No. 17 of 2013 on Social Organization