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      •   UMY Repository
      • 03. DISSERTATIONS AND THESIS
      • Students
      • Undergraduate Thesis
      • Faculty of Law
      • Department of Law
      • View Item
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      THE MECHANISM OF DISSOLUTION CIVIL SOCIETY ORGANIZATIONS (CSOS): A COMPARATIVE STUDY BETWEEN INDONESIA AND TURKEY

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      Date
      2018-12-07
      Author
      PRATIWI, GUSTIAN
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      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.
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      http://repository.umy.ac.id/handle/123456789/23746
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