the case of the dissolution of the Islamic Defenders Front and HTI. This case
ignites discussions between the pros and the cons. The government must
further protect freedom of assembly and association because the Mass
Organizations Law allows restrictions on the rights to freedom of association
and assembly, which are guaranteed by the 1945 State Constitution and the
Covenant on Civil and Political Rights.
81. Regarding the issue of disbanding or banning mass organizations, the
government must not dissolve organizations solely based on the principle of
contrarius actus and act without a judicial process mechanism (due process of
law). "From a human rights perspective, the sanction of revoking the legal
entity status of an organization based on the principle of contrarius actus is
unjustified because it provides freedom and arbitrariness in shutting down an
organization. This is related to the right to freedom of association as a negative
right, which means that the state is prohibited from doing so. Interventions that
reduce the enjoyment of these rights are referred to as positive obligations
where the state is obliged to ensure that all citizens enjoy these rights.
"Guaranteeing the right to freedom of association and assembly is an
important characteristic for a rule of law and a democratic state, if it does not
provide certainty regarding the right to freedom of association and assembly
then it can be said that the country is not fully democratic.
82. The rights of association and assembly are individual and collective rights that
intersect with civil rights and political rights. This right is also closely related
to the right to freedom of expression and opinion which is actualized by the
freedom of people to convey thoughts, ideas, aspirations, and beliefs
collectively.
83. Restrictions must not be intended to reduce the right to freedom of association
and assembly. These restrictions must first be regulated by law. The
government's decision to cancel the legal entity status of an organization,
meaning to revoke the rights and obligations attached to the legal subject, is a
form of punishment (constitutive) that must be based on a court decision.
84. Based on the principle of due process of law, an organization that violates
criminal law, disturbs public order, threatens public safety, or endangers state
security can be dissolved through criminal proceedings simultaneously against
the people representing the organization.
Rights of the Child
85. The abolition of corporal punishment is regulated in Law No. 35/2014 on
Child Protection. Meanwhile, Law No. 11/2012 on the Juvenile Criminal
Justice System regulates diversion and restorative justice mechanisms for
children. In the implementation, diversion as an effort to prevent corporal