Margareth S. Aritonang, Jakarta – Rights groups agreed to file a judicial review to the Constitutional Court, if the House of Representatives presses ahead with its plan to approve the controversial mass organizations bill.
The groups, which include the country's second-largest Muslim organization Muhammadiyah, said they would reject the bill and were not swayed by the House's move to amend the draft bill, which was dropped in a plenary session last April.
Those apposed to the bill argued that if endorsed it would threaten "freedom of expression and association".
"Discussions with lawmakers, as well as government officials, convinced us that there is something suspicious behind the plan to endorse this bill because it is obviously aimed at those that are critical of the government's policies," Muhammadiyah chairman Din Syamsuddin told a press conference on Monday.
Din said the was bill antithetical to the State Constitution as it would endanger the freedom of association, which is guaranteed by the 1945 Constitution.
The bill, if endorsed, could impose administrative requirements on all mass organizations – registered and unregistered – and could grant the government the authority to control their activities.
Imparsial; Setara Institute; Kontras (the Commission for Missing Persons and Victims of Violence); Elsam (the Institute for Policy Research and Advocacy); the Indonesian Corruption Watch (ICW); the Indonesian Law and Policy Studies (PSHK); as well as Greenpeace and the Indonesian Forum for the Environment (Walhi) all aired similar grievances.
These groups argued that the draft bill contained loopholes that could enable "unfair subjective interpretation that would legitimize oppression toward undisciplined organizations".
The rights groups are particularly concerned with Article 60 of the bill, which stipulates that mass organizations are banned from conducting hostile acts against ethnic, religious, racial and interest groups.
The article also stipulates a ban on blasphemy against established religions by mass organizations; activities that promote separatism; and disruption of public order.
"The article doesn't provide clear definitions of the actions that it targets. Therefore, it will only encourage subjective interpretation, which I think will eventually revive the New Order's authoritarian leadership," Poengky said.
Poengky said the bill, once enacted, would only target those critical of the government or business including human rights, antigraft and labor groups.
Critics of the bill are expected to stage a rally in front of the House complex today (Tuesday), to put pressure on lawmakers to drop the bill for good.
Muhammadiyah said it would blacklist party factions that endorsed the bill back in April and would order its members to not vote for the bill. Eight of the total nine factions have given the latest draft of the bill their seal of approval.
The only opposition of the bill is from the National Mandate Party (PAN), which is yet to approve the bill despite agreeing to its substance. Ahmad Rubai, a PAN member of the House committee deliberating the bill, said PAN was still trying to convince critics the importance of the bill.
"The bill will have an impact on all mass organizations, so it's very important to convince them it won't be repressive and will actually empower them," he said.
Chairman of the House committee tasked to deliberate the bill Abdul Malik Haramain said the committee had done its best to accommodate critics. "We have told them [the critics] many times that the government could not arbitrarily dissolve groups because the decision would be made with the consent of the Supreme Court," he said.