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THE LAW OF THE REPUBLIC OF INDONESIA
NUMBER 17 YEAR 2013
PERTAINING TO
MASS ORGANIZATIONS
BY THE GRACE OF THE ALMIGHTY
THE PRESIDENT FOR THE REPUBLIC OF INDONESIA,
Considers:
a. Whereas, the freedom to form a union, gather, and voice opinion are part of
human rights in the nationhood and statehood in the Unitary State of the
Republic of Indonesia and is guaranteed by the 1945 Constitution of the
Republic Indonesia;
b. Whereas in carrying out the rights and freedoms to form a union, gather and
voice opinion everyone must respect the human rights and freedom of others
in the context of the rule of law, also in creating justice in the community
hood, nationhood and statehood;
c. Whereas, as a medium to exercise the freedom to form unions, gather, and
voice opinion the mass organization shall participate in the development to
realize the national aim in the Unitary State of the Republic of Indonesia,
based on the Pancasila;
d. Whereas, the law Number 8 Year 1985 pertaining to Mass Organizations has
already ceased to be appropriate with the needs and dynamics of a community
hood, nationhood and statehood thus requiring a change;
e. Whereas, based on the deliberations as mentioned in letter a, letter b, letter c,
and letter d should form a Mass Organization Law;
Considering: Article 20, Article 21, Article 28, Article 28C paragraph (2), Article 28E
paragraph (3), Article 28J, and Article 30 in the Constitution of the Republic
State of Indonesia Year 1945;
By Mutual Consent Between
THE HOUSE OF REPRESENTATIVES FOR THE REPUBLIC OF INDONESIA
and
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
RESOLVED:
Adopting : THE LAW PERTAINING TO MASS ORGANIZATIONS
CHAPTER 1
GENERAL PROVISIONS
Article 1
Defined in this Law:
1. Mass Organization which will hereby be known as Ormas are organizations found
and formed voluntarily by the public based on a shared aspiration, will, needs,
interest, activity and aim to participate in the development towards reaching a
Unitary State of the Republic of Indonesia based on the Pancasila.
2. Statutes or Anggaran Dasar which will be shortened to AD are ground rules for
Ormas.
3. Bylaws or Anggaran Rumah Tangga which will be shortened to ART are
regulations formed as an elaboration of the AD Ormas.
4. Government as the President of the Republic of Indonesia which holds ruling
power over the Republic State of Indonesia as mentioned in the Constitution for the
Republic State of Indonesia Year 1945.
5. Local Government is the Governor, Regent, or Mayor, and regional apparatus as
the elements of the regional administration.
6. Minister is minister who organizes domestic governing matters.
CHAPTER II
PRINCIPLES, FEATURES AND NATURE
Article 2
The principles of the Ormas are Pancasila and the Constitution of the Republic of
Indonesia Year 1945.
Article 3
Ormas may include special features which reflect the wills and ideals of the Ormas
which do not oppose the Pancasila and the 1945 Constitution of the Republic of
Indonesia.
Article 4
Ormas are voluntary, social, independent, non-profit, and democratic.
CHAPTER III
OBJECTIVES, FUNCTIONS AND SCOPE
Article 5
The objectives of Ormas are:
a. To increase participation and empowerment of the public;
b. To provide services to the public;
c. To preserve religious values and belief in the Almighty God;
d. To conserve and maintain the norm, values, morals, ethics and cultures in the
society;
e. To conserve natural resources and the environment;
f. To develop social camaraderie, mutual aid, tolerance in community life;
g. To preserve, conserve, and strengthen unity and integrity of the nation; and
h. To realize state objectives.
Article 6
Ormas functions as a facility to:
a. channel activities according to the interest of members and/or organization
objectives;
b. foster and develop members in order to reach organization objectives;
c. channel aspiration of the public;
d. empower the public;
e. fulfill social services;
f. garner public participation in order to preserve, conserve, and strengthen the unity
and integrity of the nation; and/or
g. preserve and conserve norms, values and ethics in the community hood,
nationhood and statehood.
Article 7
(1) Ormas activities are in accordance with respective AD/RT.
(2) The activities referred to in paragraph (1) are in accordance with the nature,
objectives, and functions of Ormas stipulated in Article 4, Article 5, and Article
6.
Article 8
Ormas activity areas include:
a. national;
b. provincial; or
c. districts/municipalities.
CHAPTER IV
ESTABLISHMENT OF ORMAS
Article 9
An ormas is founded by 3 (three) persons or more who are citizens of Indonesia,
unless for Ormas that are foundation legal entities.
Article 10
(1) Ormas as referred to in the Article 9 could be in the form of:
a. legal entities; or
b. without legal entities.
(2) Ormas as referred to in paragraph (1) could be :
a. a members basis; or
b. non - members basis.
Article 11
(1) Ormas with a legal entity as referred to in Article 10 letter a include:
a. groups; or
b. foundations.
(2) Ormas with group legal entity as mentioned in paragraph (1) letter a was founded
on a members basis.
(3) Ormas with a foundation legal entity as referred to in paragraph (1) letter b
founded with a non-members basis.
Article 12
(1) An association legal entity as referred to in Article 11 paragraph (1) letter a is
founded with these eligible liabilities:
a. the deed of establishment issued by a notary which includes AD and ART;
b. work program;
c. funding source;
d. certificate of domicile;
e. taxpayer registration number on behalf of the group's name;
f. statement letter declaring not in a management conflict or held at court.
(2) Legitimation as a group legal entity by a minister whose task and responsibility
are in the department of law and human rights.
(3) Legitimation as a group legal entity as defined in the paragraph (2) carried out
after requesting for a consideration from the related agencies.
(4) Further provision pertaining to legal entity groups as defined in paragraph (1),
paragraph (2), and paragraph (3) is regulated by the Government Regulation.
Article 13
Foundation legal entities as defines in Article 11 paragraph (1) is regulated and
executed in accordance with the provision in legal legislations.
Article 14
(1) In an effort to optimize its roles and functions, Ormas may form a medium for
gatherings.
(2) The medium for gatherings as referred to in paragraph (1) may not only be single
unless otherwise regulated by the law.
CHAPTER V
REGISTRATION
Article 15
(1) Ormas that are legal entities declared to be registered after being verified by a
legal entity
(2) Registration for Ormas that are legal entities as defined in paragraph (1) is carried
out according to the legislation.
(3) In the event that the Ormas as defined in paragraph (1) has acquired status as a
legal entity, then there is no need for a registered statement letter
Article 16
(1) Registration of a non-legal entity Ormas as defined in Article 10 paragraph (1)
letter b is conducted by the submission of a registered statement letter.
(2) Registration of a non-legal entity Ormas as defined in paragraph (1) is conducted
with the obligation to include the following requirements:
a. AD/ART or establishment act issued by a notary which includes AD/ART;
b. work program;
c. management;
d. certificate of domicile;
e. taxpayer registration number on behalf of the group's name;
f. statement letter declaring not in a management conflict or held at court.
h. statement letter declaring readiness to provide activities report.
(3) Registered statement letter as defined in paragraph (1) is to be submitted to:
a. The Minister for Ormas conducting activities on a national level;
b. the governor for Ormas conducting activities on a province level;
c. regent/mayor for Ormas conducting activities on a district/municipal level.
Article 17
(1) Minister, governor, or regent/mayor as defined in Article 16 paragraph (3) are
required to carry out the verification of registration documents at the very latest 15
(fifteen) working days since accepting the registration document.
(2) In cases where the application documents are incomplete Minister, governor, or
regent/mayor as defined in paragraph (1) will request the applying Ormas to
complete it at the very latest 15 (fifteen) working days since the date of the
announcement regarding the incomplete application document.
(3) Minister, governor, or regent/mayor as defined in paragraph (1) issues a registered
statement letter at the very latest (7) working days after the Ormas is declared to
have passed verification.
Article 18
(1) Ormas that has no legal entity which does not fulfill the requirements as defined
in Article 16 shall report its presence in written form in accordance with the
address and domicile.
(2) Notice as referred to in the paragraph (1) shall be conducted by Camat or
Lurah/District Head or other titles.
(3) Ormas notice as defined in paragraph (1) include requirements of:
a. name and address of organization;
b. founder;
c. objectives and activities; and
d. organizational structure.
Article 19
Further provision pertaining to the registration procedures for Ormas as defined in
Article 16, Article 17, and Article 18 is regulated in the Government Regulation.
CHAPTER VI
RIGHTS AND RESPONSIBILITIES
Article 20
Ormas is entitled to:
a. regulate and manage their organization in an independent and open manner;
b. acquire rights for intellectual property over the name and symbol of the Ormas
according to the provision of the legislation;
c. fight for the goals and objectives of the organization;
d. carry out activities to reach the objectives of the organization;
e. acquire legal protection towards the presence and activities of the organization; and
f. carry out participation with the Government, Regional Government, private sector,
other Ormas, Foreign Mass Organization, and other parties for the development and
sustainability of the organization.
Article 21
Ormas is responsible for:
a. carrying out activities according to the objectives of the organization;
b. preserving the unity and integrity of the nation and the oneness of the Unitary
Republic State of Indonesia;
c. preserving values of religion, culture, moral, ethics, and norms of decency and also
provide a benefit for the society;
d. ensuring public order and create peace in the society;
e. managing financial matters in a transparent and accountable way; and
f. participating in the national objective achievement.
CHAPTER VII
ORGANIZATION, POSITION AND MANAGEMENT
First Part
Organization
Article 22
Ormas has organizational and management structure.
Article 23
Ormas which are on a national level as referred to in Article 8 letter a, has an
organizational and management structure of, at least, 25% (twenty five percent) of the
total number of provinces in Indonesia.
Article 24
Ormas which are on a provincial level as referred to in Article 8 letter b, has
organizational and management structure of, at least, 25% (twenty five percent) of the
total number of districts/municipalities in 1 (one) province.
Article 25
Ormas which are on a district/municipal area as referred to in Article 8 letter c, has
structural and management structure of, at least, 1 (one) in a sub-district.
Article 26
Ormas are entitled to have organizational and management structure overseas in
accordance with organizational needs and the laws and regulations.
Article 27
Ormas are entitled to conduct activities in all areas in the Republic of Indonesia in
accordance with the laws and regulations.
Section Two
Domicile
Article 28
Ormas is domiciled in the jurisdiction of the Unitary State of the Republic of
Indonesia pursuant to its deed of establishment or the provision under its articles of
association (AD).
Section Three
Management
Article 29
(1) The management of an Ormas on every level shall be appointed in a democratic
manner through deliberation and consensus.
(2) The management referred to in paragraph (1) shall at least comprise:
a. 1 (one) chairperson or other names;
b. 1 (one) secretary or other names; and
c. 1 (one) treasurer or other names.
(3) The management referred to in paragraph (1) shall be in charge of and shall
assume full responsibility for the management of Ormas.
Article 30
(1) The management structure, succession system, rights and obligations of the
members of the management board, authority, and labor division, and other
management related matters shall be provided for in the AD and ART.
(2) The composition of a succession in the management board of an Ormas shall be
notified to the ministry or Local Administration in accordance with its level of
management by no later than 30 (thirty days) after the said management
succession.
Article 31
(1) Any member of an Ormas who resigns or is terminated from the
management/membership is prohibited to form the same management and/or
Ormas.
(2) With regards to the formation of the same management and/or Ormas as referred
to in paragraph (1), the existence is not recognized by this Law.
Article 32
Further provisions regarding organizational structure, domicile, and management as
referred to in Article 22 to Article 31 shall be provided for in the AD and ART.
CAPTER VIII
MEMBERSHIP
Article 33
(1) Every citizen of Indonesia shall have the right to be a member of an Ormas.
(2) The membership of an Ormas shall be based on the principles of voluntarism and
openness.
(3) The membership of an Ormas shall be provided for pursuant to the AD and ART
Article 34
(1) Every member of an Ormas shall have the same rights and obligations.
(2) The rights and obligations of a member of an Ormas shall be provided for in the
AD and ART.
CHAPTER X
ORMAS’S AD AND ART
Part One
General
Article 35
(1) Every Ormas are required to have AD and ART.
(2) AD as mentioned in paragraph (1) contains at the very least:
a. name and symbol;
b. domicile;
c. principles, goals and functions;
d. management
e. members’ rights and obligations
f. financial management;
g. dispute resolution mechanism and internal supervision and;
h. dissolution mechanism.
Part Two
Change in Ormas AD/ART
Article 36
(1) Amendments to the AD and ART are carried out based on the highest forum
results in Ormas decision making process.
(2) Amendments in AD and ART as referred to in paragraph (1) must be registered at
the ministry or governor, or regent/mayor based on the related Ormas work area at
the very latest 60 (sixty) days since the amendmentsare made.
CHAPTER XI
FINANCES
Article 37
(1) Ormas finances may be sourced from:
a. membership fees;
b. public aid/donations;
c. ormas business ventures;
d. aid/donations from foreign individuals or foreign institutions;
e. other activities considered legal according to the law; and/or
f. state revenues and expenditures budget and/or regional revenues and
expenditures budget.
(2) Ormas finances as mentioned in paragraph (1) should be managed in a transparent
and responsible way.
(3) In carrying out the principles referred to in paragraph (2) Ormasshall utilize an
account in national banks.
Article 38
(1) In the case the Ormas collects and manages funding from members and the
publicas referred to in Article 37 paragraph (1) letter a, it is required for the
Ormasto write a financial report according to the accountancy standards in general
or according to the AD/ART.
(2) In the case the Ormas collects and manages funding from public aids/donations as
referred to in Article 37 paragraph (1) letter b, it is required for the Ormas to
publish a regular financial report for the public.
(3) Ormas’ financial sources as referred to in Article 37 paragraph (1) letter c, letter d,
letter e, and letter f is carried out in accordance with the applicable laws and
regulations.
CHAPTER XI
ORMAS BUSINESS VENTURE
Article 39
(1) In order to meet with the demands and sustainability of the organization, Ormas
with a legal entity may form business ventures.
(2) The work and governance procedures of a business venture as referred to in
paragraph (1) are regulated by the Ad and/or ART.
(3) The establishment of a business venture as referred to in paragraph (1) is regulated
according to the applicable laws and regulations.
CHAPTER XII
EMPOWERING ORMAS
Article 40
(1) The national government and/or regional government empowers Ormas to
improve performance and preserve Ormas sustainability.\
(2) In empowering Ormas as referred to in paragraph (1), the National Government
and/or Regional Government shall respect and consider the Ormas’ historical
aspect, track record, roles, and integrity in community hood, nationhood and
statehood.
(3) Empowerment as referred to in paragraph (1) shall be carried out by:
a. policy facilities;
b. fortification of institutional capacity; and
c. increase quality of human resources.
(4) Policy facilities as referred to in paragraph (3) letter are in the form of laws and
regulations that support the empowerment of Ormas.
(5) Fortification of institutional capacity as referred to in paragraph (3) letter b may be
in the form of:
a. fortification of organizational management;
b. facilitation of data and information;
c. development of partnerships;
d. supports in expertise and mentorship;
e. fortification of leadership and cadreship;
f. awards; and/or
g. research and development.
(6) Increase in human resource quality as referred to in paragraph (3) letter c may be in
the form of:
a. education and training
b. internship; and
c. courses.
(7) Further stipulation regarding Ormas empowerment as referred to in paragraph (1) to
paragraph (6) shall be stipulated in Government Regulation.
Article 41
(1) In the case of empowerment, Ormas may cooperate with or obtain supports from
other Ormas, the public, and/or private sectors.
(2) The cooperation as referred to in paragraph (1) may be in forms of award, program,
aid, and organizational operational supports.
Article 42
(1) The government shall form Ormas information system to improve public service
and proper administration.
(2) Ormas information system as referred to in paragraph (1) shall be developed by
related ministry or institution coordinated and integrated by the ministry that
organizes government domestic affairs.
(3) Further provisions regarding the Ormas information system as referred to in
paragraph (1) and paragraph (2) shall be regulated in Government Regulations.
CHAPTER XIII
ORMAS ESTABLISHED BY FOREIGNERS
Article 43
(1) An Ormas established by foreigners may carry out activities in Indonesia.
(2) An Ormas established by a foreigner as referred to in paragraph (1) shall consist
of:
a. a foreign foundation entity or other titles;
b. a foreign foundation entity established by a foreigner or a foreigner together
with an Indonesian citizen; or
c. a foundation legal entity established by a foreign legal entity.
Article 44
(1) An Ormas with foreign foundation legal entity or other titles as referred to in
Article 43 paragraph (2) letter a shall acquire a government permit.
(2) The government permit as referred to in paragraph (1) are:
a. principle permit
b. operational permit
(3) The principle permit as referred to in paragraph (2) letter a shall be issued by the
ministry carrying out government foreign affairs following considerations from a
permit team.
(4) The operational permit as referred to in paragraph (2) letter b shall be issued by
the national government and regional government in accordance with the
applicable laws and regulations.
Article 45
(1) To acquire a principal permit, the Ormas as referred to in Article 43 paragraph (2),
is required to meet these requirements:
a. with a foreign foundation legal entity or other titles in a country with
diplomatic ties to Indonesia;
b. has non-profit principles, objectives, and organization activities.
(2) The principal permit as referred to in paragraph (1) is given for a period of 3
(three) years and extendable.
(3) Permit extension as referred to in paragraph (2) shall be submitted at the very
latest 3 (three) months before the principal permit ends.
Article 46
(1) The operational permit as mentioned in Article 43 paragraph (2) letter a can only
be granted after the Ormas receives a principle permit.
(2) To acquire an operational permit, the Ormas as referred to in Article 43 paragraph
(2) letter a, shall have a written agreement with the Government in accordance
with its field of activities.
(3) The operational permit as referred to in paragraph (1) is granted no longer than the
period of the principle permit and it is extendable.
(4) The extension of operational permits as mentioned in paragraph (3) should be
submitted at the very latest 3 (three) months before the operational permit expires
Article 47
(1) Ormas with legal entity as referred to in Article 43 paragraph (2) letter b and letter
c shall be approved by the ministry that carries out the government affairs in the
fields of law and human rights upon considerations from a permit team.
(2) Other than meeting the regulations in the legislation regarding foundation, the
ratification of a foundation legal entity for Ormas as referred to in Article 43
paragraph (2) letter bmust meet the requirements of at least:
a. foreign nationals establishing the Ormas has been living in Indonesia for at least
5 (five) consecutive years;
b. owns a residence permit;
c. has an amount of initial wealth for the foundation founded by the foreign
national or foreign national with Indonesian citizens, comes from the separation
of personal wealth of the founder of at least Rp 1.000.000.000,00 (one billion
rupiah);
d. one of the position of a chairperson, secretary, or treasury shall be held by an
Indonesian national; and
e. statement letter by the founder stating that the foundation legal entity Ormas
founded will not malign the people, nation and/or the state of Indonesia.
(3) In addition to fulfilling provisions under the applicable laws and regulations
regarding foundation, the ratification of a foundation legal entity established by a
foreign legal entity as referred to in Article 43 paragraph (2) letter c, shall meet
the requirements of at least:
a. aforeign legal entitythat has been operating in Indonesia for at least 5 (five)
consecutive years;
b. has an amount of initial wealth for the foundation founded by the foreign legal
entity comes from the separation of personal wealth of the founder of at least
Rp 10.000.000.000,00 (ten billion rupiah);
c. one of the position of a chairperson, secretary, or treasury shall be held by an
Indonesian national; and
d. statement letter by the founder stating that the foundation legal entity Ormas
founded will not malign the people, nation and/or the state of Indonesia.
Article 48
In carrying out its activities, Ormas as referred to in Artcle 43 paragraph (2) shall
work in partnership with the Government and Ormas established by Indonesian
nationals with the government permit.
Article 49
The establishment of a permit team as referred to in Article 44 paragraph (3) and
Article 47 paragraph (1) shall be coordinated by the minister that caries out the
government affairs in the field of foreign affairs.
Article 50
Further specifics regarding the permit and permit team for Ormas found by foreign
nationals as referred to in Article 43 to Article 45 shall be regulated in the
Government Regulation.
Article 51
Mass organizations founded by foreign nationals as referred to in Article 43 paragraph
(2) are required to:
a. respect the sovereignty of the Unitary State of the Republic of Indonesia;
b. adhere and respect the applicable laws and regulations in Indonesia;
c. respect and revere the values of religion and culture in Indonesia;
d. provide benefit for the people, nation and state of Indonesia;
e. announce all sources, total and use of funding; and
f. prepare an activity report periodically and published to the public through national
or regional mass media.
Article 52
Foreign Mass Organizations are prohibited from:
a. carry out activities that go against the legislation provision.
b. disrupt the stability and oneness of the Unitary Republic State of Indonesia;
c. carry out espionage;
d. carry out practical political activities;
e. carry out activities which disrupts diplomatic ties;
f. carry out activities not suitable with the organization's goals;
g. raise funds from the people of Indonesia;
h.set office and use the facilities of Government and/or Regional Government
agencies; and
CHAPTER XIV
SUPERVISION
Article 53
(1) To increase performance and accountability of mass organizations or foreign mass
organizations as referred to in Article 43 paragraph (2), there will be a supervision
that is either internal or external.
(2) Internal supervision for mass organizations or foreign mass organizations as
referred to in paragraph (1), shall be carried out in accordance with organizational
mechanisms provided for in AD/ART.
(3) External supervision as referred to in paragraph (1), is carried out by the public,
the Government and/or Regional Government.
Article 54
(1) To guarantee the functions and objectives of Ormas, every mass organization or
foreign mass organization as referred to in Article 43 paragraph (2) has an
internal board of supervisors.
(2) The internal supervisory board as referred to in paragraph (1) aims to enforce the
organization's code of ethics and decide on sanctions internally.
(3) The role and authority of the supervisory board mentioned in paragraph (1) shall
be provided for in the AD and ART or organization's regulations.
Article 55
(1) The form of public supervision as mentioned in Article 53 paragraph (3) may be in
the form of reports or support
(2) Reports as mentioned in paragraph (1) are submitted to the Government or the
Regional Government.
Article 56
Further specifics regarding supervisions by the public, Government and/or Regional
Government of Ormas or foreign Ormas as referred to in Article 53 to 55 shall be
regulated by Government Regulation.
CHAPTER XV
ORGANIZATION DISPUTE SETTLEMENT
Article 57
(1) In case of organization dispute, Ormas has the discretion to settle disputes through
mechanisms ruled under the AD and ART.
(2) If the settlement of dispute as referred to in Article (1) reached no agreement, the
government can facilitate mediation requested by the parties in legal dispute.
(3) Further specifics on the procedure of the mediation referred to in Article (2) shall
be regulated by Government Regulation.
Article 58
(1) In case of mediation as referred to in Article 57 Paragraph (2) cannot reach
consensus, Ormas can settle the dispute in District Court.
(2) The ruling by the district court can only be appealed in the Supreme Court.
(3) Ormas dispute as referred to in Article Paragraph (1) shall be settled by District
Court in 90 (sixty) days at the very latest since the registration of lawsuit in
District Court Registry Office.
(4) In the case of a ruling made by a district court as referred to in paragraph (3) is
appealed in the Supreme Court, the Supreme Court shall decide in 60 (thirty) days
at the very latest since the registration of appeal to the Supreme Court Registry
office.
CHAPTER XVII
RESTRICTIONS
Article 59
(1) Ormas is restricted from:
a. using flag or symbol similar to the flag or symbol of the Republic of Indonesia
as the Ormas’ flag or symbol;
b. using name, symbol, flag or attributessimilar to the government name, symbol,
flag or attributes;
c. using, without permit, name, symbol, flag of other countries or international
institutions/body, as its name, symbol, or flag;
d. using name, symbol, flag or organizational symbol partly or wholly similar to
the name, symbol, flag, or symbol of a separatist movement organization or
forbidden organization; or
e. using name, symbol, flag, or logo principally or wholly similar to the name,
symbol, flag, or logo of other Ormas or political parties.
(2) Ormas is restricted from:
a. conducting activities that propagate animosity among ethnic groups, religions,
race, or groups;
b. conducting abuses, defamation, and/or desecration towards religions in
Indonesia;
c. conducting separatist activities endangering the unity of the Unitary State of the
Republic of Indonesia,
d. conducting violence, disrupt orders, and damage public facilities
e. conducting activities or tasks assigned for or authorized only for law
enforcement personnel in accordance with the laws and regulations.
(3) Ormas is restricted from:
a. accepting or giving gifts in any forms against the applicable laws and
regulations to any party;
b. collecting funds for political parties; or
(4) Ormas is restricted from embracing, instigating, and propagating beliefs and
religions conflicting with Pancasila.
CHAPTER XVII
SANCTIONS
Article 60
(1) Government or regional government,in accordance with its responsibilities and
authorities, shall give an administrative sanction to Ormas violating the provisions
as referred to in Article 21 and Article 59.
(2) Government or Regional Government shall take a persuasive way before giving
an administrative sanction to an Ormas committing a violation as referred to in
paragraph (1).
Article 61
Administrative sanctions as referred to in Article 60 paragraph (1) consist of:
a. a non- compliance lettre;
b. cessation of aids and/or donations;
c. temporary cessation of activities and/or;
d. revocation of registration or legal entity status.
Article 62
(1) Non-compliance letter as referred to in Article 60 paragraph (1) is in the form of:
a. first non- compliance letter;
b. second non-compliance letter; and
c. third non-compliance letter.
(2) Non-compliance letter as stated in Paragraph (1) shall be given gradually and is
valid for 30 (thirty) days.
(3) In the case of an Ormas complies with the non-compliance letter before the period
of time set forth under paragraph 2, the Government or Regional Government may
revoke the said non-compliance letter.
(4) In the case of an Ormas refuses to comply with the first non-compliance letter
during the period of time set forth under paragraph (2), the Government or
Regional Government can hand down a second non-compliance letter.
(5) In the case of an Ormas refuses to comply with the second non-compliance letter
during the period of time set forth under paragraph (2), the government or regional
government may hand down the third non-compliance letter.
Article 63
(1) In the case of an Ormas has been handed down the first non-compliance letter
twice, the government or regional government may hand down the second non-
compliance letter.
(2) In the case of an Ormas has been handed down the second non-compliance letter
twice, the government or regional government may hand down the third non-
compliance letter.
Article 64
(1) In the case of an Ormas refuses to comply with the third non-compliance letter as
referred to in Article 62 paragraph (5) and Article 63 paragraph (2), the
Government or Regional Government may hand down sanctions in the forms of :
a. cessation of aid and/or donation; and/or
b. temporary cessation of activities.
(2) In the case of an Ormas that does not receive aid and/or donation, the government
or regional government may hand down a sanction of temporary cessation of
activities as referred to in paragraph (1) letter b.
Article 65
(1) In the case of temporary cessation of activities against an Ormas at the national
level, the government shall ask for legal considerations from the Supreme Court.
(2) If the Supreme Court has not given its legal considerations in 14 (fourteen) days,
the government has the authority to temporary cease the activities.
(3) In the case of temporary cessation of activities against an Ormas at the provincial
level, or district/municipal level, the head or region shall ask for considerations
from the leaders of the Regional People’s Representatives, head of the public
prosecutor’s office, and chief of police based on the level.
Article 66
(1) Temporary cessation of activities as referred to in Article 64 paragraph (1) letter b
shall be made for maximum of 6 (six) months.
(2) In the case of the ends of period of temporary cessation of activities as referred to
in paragraph (1), the Ormas may conduct activities in accordance with its
objectives.
(3) In the case of the Ormas has complied with the sanction of temporary cessation of
activities before the end of the duration of time as referred to in paragraph (1), the
Government or Regional Government may revoke the sanction of temporary
cessation of activities.
Article 67
(1) In the case of an Ormas with no legal entity refuses to comply with the temporary
cessation of activities as referred to in Article 64 paragraph (1) letter b, the
Government or regional government may revoke the registration.
(2) The government or Regional Government shall ask for legal considerations from
the Supreme Court before revoking the registration as referred to in paragraph (1).
(3) The Supreme Court shall give legal considerations as referred to in paragraph (2)
no latter than 14 (fourteen) days since the receipt of the request for legal
considerations.
Article 68
(1) In the case of a legal entity does not comply with community organizations
suspended from activities referred to in Article 64 paragraph (1) letter b, the
Government sanctioned the revocation status of a legal entity.
(2) Revocation of a legal entity status referred to in paragraph (1) was dropped after
the court decision binding on the dissolution of the incorporated community
organizations.
(3) Revocation of a legal entity status referred to in paragraph (1) shall be
implemented by the minister who held government affairs in the field of law and
human rights.
Article 69
(1) Revocation of the legal entity status of an Ormas as referred to in Article 68
paragraph (3) shall be carried out not latter than 30 (thirty) days since the receipt
of the decision of the dismissal of the Ormas has obtained permanent legal force.
(2) Revocation of the legal entity status of an Ormas as referred in paragraph (1)
shall be announced in the State Gazette of the Republic of Indonesia.
Article 70
(1) A request for the dissolution of community organizations are legal entities
referred to in Article 68 paragraph (1) shall be submitted to the district court by
the prosecutor only upon written request of the minister who held government
affairs in the field of law and human rights.
(2) A request for the dissolution of community organizations as referred to in
paragraph (1) shall be submitted to the chairman of the district court in accordance
with the law of the domicile of CBOs and record clerk’s registration in accordance
with the dissolution petition filing date.
(3) The application referred to in paragraph (2) shall be accompanied by evidence of
the imposition of administrative sanctions by the Government or Local
Government.
(4) In the case of the application referred to in subsection (3) is not accompanied by
evidence of the imposition of administrative sanctions by the Government or local
government, community organizations request the dissolution of a legal entity can
not be accepted.
(5) The district court set a hearing within a maximum period of 5 (five) working days
from the date of registration of the dissolution of the CBOs.
(6) The letter calls the first hearing had been duly accepted by the parties no later than
three (3) days prior to the hearing.
(7) In the hearing referred to in subsection (6), community organizations as the
defendant was given the right to defend himself by giving testimony and evidence
at trial.
Article 71
(1) A request for the dissolution of CSOs referred to in Article 70 paragraph (1) shall
be decided by the district court in a maximum period of 60 (sixty) days from the
date the petition noted.
(2) The period referred to in paragraph (1) may be extended for a maximum of 20
(twenty) days upon approval of the Chief Justice.
(3) The decision of the dissolution of community organizations as referred to in
paragraph (1) and paragraph (2) shall be made in a session open to the public.
Article 72
The district court shall give the copy of the decision to dismiss the Ormas as referred
to in Article 71 to the applicant, respondent, and the minister that carries out the
government affairs in the fields of law and human rights no later than 7 (seven) days
since the decision was made in an open hearing for public.
Article 73
(1) The decision of the district court referred to in Article 71 may be filed cassation.
(2) In the event that the decision of the district court is not filed cassation as referred
to in paragraph (1), a copy of the court verdict delivered to the applicant, the
respondent, and the minister who held government affairs in the field of law and
human rights later than 21 (twenty one) days from the date of the decision.
Article 74
(1) A request for cassation as referred to in Article 73 paragraph (1) shall be
submitted within a maximum period of 14 (fourteen) days from the date of the
decision of the district court pronounced and was attended by the parties.
(2) In the case of the pronunciation of foreign court decisions referred to in paragraph
(1) not attended by the parties, an appeal filed within a maximum period of 14
(fourteen) days after a copy of the decision is received by the appropriate parties.
(3) A request for cassation as referred to in paragraph (1) registered with the district
court that has to decide the dissolution CBOs.
(4) The Registrar shall record the date of receipt of the appeal and the petition to the
applicant a written receipt signed by the clerk.
(5) The applicant shall submit a cassation appeal to the clerk of the court within a
period of 14 (fourteen) days from the date the petition noted.
Article 75
(1) The Registrar shall transmit the appeal and cassation as referred to in Article 74 to
the defendant of the cassation within a maximum period of 2 (two) working days
from the date the petition is filed.
(2) The defendant may file an appeal to counter against the cassation court clerk no
later than 14 (fourteen) days from the date received cassation.
(3) Clerk of the court shall deliver the counter against the cassation appeal the
defendant to the applicant within a maximum period of 2 (two) working days from
the date received counter cassation.
(4) The Registrar shall submit an appeal, cassation, and counter against the cassation
with the relevant case file to the Supreme Court within a maximum period of 40
(forty) days from the date the request for cassation or later than 7 (seven) days
from the counter cassation accepted.
Article 76
(1) In the event that the obligation referred to in Article 74 paragraph (5) is not met,
the chairman of the district court delivered a letter to the Supreme Court stating
that the applicant does not submit cassation appeal.
(2) Submission of a certificate referred to in subsection (1) shall be conducted within
a maximum period of 2 (two) working days after the submission deadline
cassation.
Article 77
(1) The Supreme Court shall study the appeal and set a date for a hearing within a
maximum period of 5 (five) working days from the date the appeal is recorded by
the clerk of the Supreme Court.
(2) A request for cassation as referred to in Article 75 must be disconnected within a
maximum period of 60 (sixty) days from the date the appeal is recorded by the
clerk of the Supreme Court.
Article 78
(1) The Registrar of the Supreme Court shall deliver a copy of the decision to the
clerk of the district court within a maximum period of 20 (twenty) days from the
date the appeal was disconnected.
(2) The district shall submit a copy of the decision referred to in paragraph (1) the
applicant's appeal, the defendant appeals, and the minister who held government
affairs in the field of law and human rights within a maximum period of 2 (two)
working days from the decision was received.
Article 79
(1) The Registrar of the Supreme Court shall deliver a copy of the decision to the
clerk of the district court within a maximum period of 20 (twenty) days from the
date the appeal was disconnected. In terms of foreign organizations legally
incorporated foundation or other designation referred to in Article 43 paragraph
(2) letter a does not comply with the provisions of Article 51 or Article 52, the
Government or Local Government in accordance with the authority to impose
sanctions:
a. a written warning;
b. cessation of activities;
c. operational license suspension;
d. revocation of operating licenses;
e. license suspension principle;
f. principle revocation, and / or
g. sanctions in accordance with the provisions of immigration legislation.
Article 80
Provisions regarding the imposition of sanctions against Ormas referred to in Article
60 through Article 78 shall apply mutatis mutandis to the application of sanctions to
organizations incorporated foundation established by foreign nationals or foreign
nationals with an Indonesian citizen, or a foundation established by foreign legal
entities.
Article 81
(1) Every person who is a member or board of Ormas, or the board or member of Ormas
established by foreign citizens, either individually or jointly committing a crime, shall
be punished in accordance with the provisions of the legislation.
(2) Any person who is a member or board of Ormas, or the board or members of Ormas
established by foreign citizens, either individually or jointly undertakes actions that
cause harm to the other party, the aggrieved party the right to bring a civil action in
accordance with provisions of the legislation.
Article 82
Further provisions regarding the sanctioning Ormas, organizations of foreign legal
entities or other designations foundations, community organizations and legal entities
established foundation of foreign citizens or foreign citizens with citizens of
Indonesia as referred to in Article 60 through Article 80 stipulated in Government
Regulation.
CHAPTER XVIII
TRANSITIONAL PROVISIONS
Article 83
As the laws and regulations prevail
a. Ormas as a legal entity prior to the effectiveness of this laws and regulations will
be acknowledged in accordance with this Law.
b. Ormas with legal entity in accordance with the State Gazette Number 64 of 1870
regarding Associations With Legal Entity (Rechtspersoonlijkheid van
Vereenigingen) established prior to the Proclaim of the Independence of the
Republic of Indonesia and consistently defends the Unity of the Republic of
Indonesia, shall be recognized of its existence and history as an asset of the nation,
is not required to register in accordance with this Law;
c. Letter of Registration or pre-published notification letter of organization prior to
the continuance of the laws and regulation, remain valid until its expiration date;
and
d. Ormas established by foreign nationals, foreign nationals with Indonesian
nationals, or an operating foreign legal entity must adjust themselves to the
provisions under this Law in 3 (three) years since this Law is adopted.
CHAPTER XIX
CLOSING PROVISIONS
Article 84
As this Law enters into force, all laws and regulations regarding Ormas are considered
to be applicable as long as they are not in contradiction with the provisions under this
Law.
Article 85
As this Law enters into force, the Law Number 8 of 1985 on Mass Organization [State
Gazette of the Republic of Indonesia Number 44 of 1985, Supplement to the State
Gazette of the Republic of Indonesia Number 3298) are annulled and void.
Article 86
The subordinate legislation required to execute this laws and regulations shall be
established within 2 (two) years at the most since the laws and regulations prevail.
Article 87
This laws and regulations prevail since the date of stipulation.
For public cognizance, this decree shall be announced by publishing it in the State
Gazette of the Republic of Indonesia.
Ratified in Jakarta
On July 22, 2013
PRESIDENT OF THE REPUBLIC OF INDONESIA
signature
SUSILO BAMBANG YUDHOYONO
Stipulated in Jakarta,
On July 22, 2013
MINISTRY OF LAWS AND HUMAN RIGHTS
REPUBLIC OF INDONESIA
Signature
AMIR SYAMSUDIN
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2013 NUMBER 116