THE MECHANISM OF DISSOLUTION CIVIL SOCIETY ORGANIZATIONS (CSOS): A COMPARATIVE STUDY BETWEEN INDONESIA AND TURKEY
Abstract
This research aims to evaluate the mechanism of dissolution of CSOs in Indonesia
and another democracy state namely Turkey. The research is considered as normative
legal research by implementing a qualitative approach which uses comparative legal
and theory related to the mechanism of dissolution of CSOs. The research used
secondary data which consisted of several legal materials namely of primary legal
material, secondary legal material and tertiary legal material. The data were analyzed
by using qualitative approach. The results of this research show the dissolution
mechanism of CSOs between Indonesia and Turkey. The dissolution of CSOs in
ongoing democracy state like Indonesia raises controversies particularly after the
enactment of Law No.16 of 2017 on CSOs. However, Indonesia and Turkey have
similarities and differences in mechanism of dissolution. The similarity is in the
involuntary dissolution, in which Turkey dissolved CSOs through the General
Assembly decision, while Indonesia through the consent of the member. The
difference is that Indonesia terminates CSOs through administrative measures, while
Turkey uses court verdict. The Research recommends the Indonesian House of
Representatives (DPR) and the President have to respect the rule of law and
democracy as mentioned in the 1945 Constitution revised by the law of CSO.
Secondly, the dissolution of CSOs in Indonesia should be done through impartial
court decision which also provides a legal remedy so that the right of the defence is
fully guaranteed after all the softeners measured by the administrative institution are
done. Finally, the suspension of CSOs should be conducted through court verdict.