TINJAUAN YURIDIS PEMBUBARAN ORMAS DI INDONESIA BERDASARKAN UU 16 TAHUN 2017 TENTANG PENETAPAN PERPPU 2 TAHUN 2017 PERUBAHAN ATAS UNDANG-UNDANG NO. 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN PERSPEKTIF SIYASAH DUSTURIYAH

Sihantori, Bogi (2021) TINJAUAN YURIDIS PEMBUBARAN ORMAS DI INDONESIA BERDASARKAN UU 16 TAHUN 2017 TENTANG PENETAPAN PERPPU 2 TAHUN 2017 PERUBAHAN ATAS UNDANG-UNDANG NO. 17 TAHUN 2013 TENTANG ORGANISASI KEMASYARAKATAN PERSPEKTIF SIYASAH DUSTURIYAH. Other thesis, IAIN Bengkulu.

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Abstract

There are two issues studied in this thesis, namely: 1) 1. How is the implementation of the dissolution of CSOs in Indonesia based on Perppu Number 2 of 2017 on Amendments to Law No. 17 of 2013 concerning community organizations, 2). How is the juridical review of the dissolution of CSOs in Indonesia based on Perppu Number 2 of 2017 on Amendments to Law No. 17 of 2013 concerning community organizations from the perspective of Siyasah Duturiyah. The purpose of this study is to determine the implementation of the dissolution of CSOs in Indonesia based on Perppu Number 2 of 2017 concerning social organizations. To reveal these issues in depth and comprehensively, this type of research is a qualitative research based on library research. Based on the results of the study, conclusions can be drawn about the dissolution of mass organizations. The dissolution of Community Organizations in the attachment of Law Number 16 of 2017 concerning the stipulation of Perppu Number 2 of 2017 concerning this mass organization contains two kinds of sanctions, namely administrative and criminal sanctions. The administrative sanctions referred to, according to this perppu, consist of: a. Written warning; b. Termination of activities; and/or c. Revocation of registered certificate or revocation of legal entity status. Written warnings, as explained in this Perppu, are given only 1 (one) time within a period of 7 (seven) working days from the date the warning is issued. In the event that the mass organization does not comply with the written warning within a period of time, the minister who carries out government affairs in the fields of law and human rights in accordance with his authority shall impose a sanction for the termination of activities. The government's authority in the dissolution of social organizations (ormas) in the latest law on mass organizations is a form of power and its relation to the judiciary. If it is reviewed using Siyasah Duturiyahyyah, it will be more devoted to the object of study regarding this matter. Judicial power in Islam (Sultah qada'iyyah) is divided into three institutions or institutions, covering the area of al-Qada', namely the judiciary to decide lay cases among its citizens.

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