The government considers HTI as an organization that is against the Pancasila and the 1945 Constitution. The decision taken by the Government does not mean that the Government is against the Islamic Organization. But solely in order to maintain and maintain the integrity of NKRI.
In a press conference at the office of Menkopolhukam, Wiranto asserted 5 points of reason for the dissolution of HTI, 1) As a legal body, HTI did not carry out a positive role to take part in the development process in order to achieve the national goals. 2) HTI's strongly indicated activities have been contradictory to the objectives, principles and characteristics based on Pancasila and the 1945 Constitution of the Republic of Indonesia, as regulated in Law No. 17 of 2013 on CSOs. 3) Actual activities have caused a clash in the community, which can threaten the security and public order, and endanger the integrity of the Unitary Republic of Indonesia. 4) Looking at the above considerations, as well as absorbing the aspirations of the people, the government needs to take legal steps explicitly to disband HTI. 5) This decision is taken does not mean anti government against Islamic organizations, but solely in order to maintain and maintain the integrity of the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia.
The Government's decision was clearly rejected by the HTI Central Executive Board. In HTI press conference at DPP HTI Jl. Soepomo Ruko Crown Palace on May 08, 2017, HTI Spokesperson, Ismail Yusanto, deplored the government's attitude that plans to dissolve the organization. According to him, HTI is a legal organization with legal status and has carried out da'wah activities in this country 25 years in an orderly manner and never conflict with the law in Indonesia. Even DPP HTI asks the parties to mention HTI anti-Pancasila to prove its statement. DPP HTI believes in AR ART that HTI is not contrary to the Ordinance Act.
The Government's firm stance in facing Anti-Pancasila mass organizations and intolerant mass organizations is a form of state assertiveness against any indication that could threaten the constitutional integrity of NKRI. Instead of being directed by the Government as anti-religious, Neoliberalism's accomplices or even accused of communism. The government's stance to dissolve HTI is also supported by the Indonesian Ulema Council (MUI).
Through the Chairman of the MUI Da'wah Commission, KH. Cholil Nafis in his statement said support for the Government. Banning HTI does not mean hostile to Islam. But eradicate all possibilities that can knock down the integrity of the Unitary Republic of Indonesia. But still in accordance with Law No. 17 of 2013 article 70 on Social Organization that the dissolution must go through the courts. Likewise, the government must be firm to other organizations that have the potential to tear up the Unitary Republic of Indonesia.
HizbutTahrir is one of the CSOs that openly actively performs propaganda for the enforcement of the Khilafah in Indonesia. Various activities of HTI preaching such as religious studies (halaqoh), socialization, and Tabligh Akbar, illustrate the failure of Pancasila democracy system, and provide a single solution to the enforcement of the Islamic Khilafah system in Indonesia. But apparently, the HizbutTahrir lunge is prohibited in some countries, even in Saudi Arabia and in general HizbutTahrir is banned in Central Asian countries.
Some countries in the world to ban HTI activities include, Egypt banned in 1974, after being involved in a coup attempt by a group of military members, Syria banned in 1998, Bangladesh banned on October 22, 2009, Kazakhstan banned in 2005, Pakistan banned in 2003, Russia banned in 1999, even in 2003 declared a terrorist organization, Tajikistan banned in 2001, Kyrgyzstan banned in 2004, France banned in 2008, Germany banned in 2006, Turkey banned in 2009, Libya bans because Hizbut Tahrir is considered an organization Which caused anxiety, China forbade it and dubbed it a "terrorist", Malaysia banned on September 17, 2015. Even the Selangor State Fatwa Committee declared Hizbut. In Saudi Arabia, HizbutTahrir is banned for continuing to criticize Saudi Arabia's government system. Even in his home country, Jordan, Hizbut Tahrir is still a forbidden organization.
However, the firmness of the Government against Anti-Pancasila mass organizations and intolerant CBOs has generated mixed reactions among CSOs and communities. It is if not immediately muted and anticipated, did not close the possibility to trigger a pro-mass conflict and anti-Pancasila, and directed to mendrriditkan Government associated with the arrogance of the Government part of the Neoliberalism or communist regime to control the sovereignty of NKRI.
The phenomenon of consolidation of Islamic organizations during the case of alleged defamation of religion, feared to strengthen solidarity and communication among Islamic organizations to support the HTI struggle against the Government.
In addition, legal advocacy efforts of HTI PP through legal gap Law no. Law No. 17 of 2013 on CSOs, especially in chapter XVI article 59 (4) which explains that teachings or understandings that contradict Pancasila are atheism, communism / marxism, leninism, are thought to be one of HTI's legal strategies to maintain its legitimacy status.
In addition, the decision to disband the CSOs is considered as a form of sanction. Sanctions against CSOs are stipulated in Article 60 s / d Article 80 of the Community Ordinance. Explicitly, we will not find any type of sanction in the dissolution format. Even though Pancasila repressive mass organizations may be charged for violating the Community Ordinance Article 21 letter b "preserving the unity and integrity of the nation and the unity of the Unitary State of the Republic of Indonesia" and Article 59 paragraph (4) "CSOs are prohibited from developing, developing and disseminating teachings or understandings contrary to Pancasila ", But the sanction of dissolution can not be applied.
Article 61 of the Ordinance Act only mentions administrative sanctions comprising written warnings, termination of assistance and / or grants, temporary suspension of activities, and / or revocation of Registered Certificate (SKT) or legal entity status. Thus, mass organizations rejecting Pancasila may be subject to administrative sanctions, ranging from written warnings to revocation of SKT or legal entity status, rather than dissolution.
HTI's opposition to government policy directly involves betting the credibility of the State in the eyes of the community from the threat of Pancasila ideological unity. Because once again declared legally, even though the indication of HTI anti-Pancasila is very strong, but the Government can not arbitrarily dissolve HTI because there is binding procedural based on law construction in Indonesia. The required consistency of State in facing mass organizations And communities that threaten the ideology of Pancasila and the unity of NKRI. # NKRI_Harga_Mati.
*) Social and Politics Observer.