Jakarta, CNN Indonesia —
Coordinating Minister for Maritime Affairs and Investment (Menko Marves) Luhut Binsar Panjaitan threatened to audit a number of non-government organization (NGO) or non-governmental organization (NGO). Luhut accused NGOs of spreading false information.
This was conveyed by Luhut when asked for a response to objections from environmental activists regarding deforestation data which the government claimed was declining.
“We want these NGOs to be audited, so don’t spread news that is not true, yes, I already said we want an audit, it’s not true that you gave false news,” Luhut said in the broadcast. CNNIndonesiaTV Friday (12/11).
Luhut questioned the source of the data owned by the NGO. According to Luhut, the released data is not only compiled by the government, but also a number of international institutions. On the other hand, according to him, currently there is satellite technology that cannot be fooled.
Constitutional law expert Margarito Kamis believes that Luhut’s threat to audit NGOs has no legal basis. He reminded that the government cannot arbitrarily audit or evaluate NGOs.
“In the legal framework, the question is what is the basis for the investigation? What is the basis for the plan? Where did the coordinating minister get his authority? What is the source of his authority? It cannot be in state administration, state administration, people cannot obtain authority because he is the government,” said Margarito when contacted Tuesday night (16/11).
“That authority must be clearly defined in the law or in government regulations, eventually in law. Even if he is the president, let alone the minister. That’s where the legal problem is,” he added.
Furthermore, according to Margarito, if the NGO receives funding from abroad, then they must report it to the government. However, that does not mean the government can evaluate or audit the report.
The regulation is contained in Government Regulation in Lieu of Law Number 2 of 2017 concerning Amendments to Law Number 17 of 2013 concerning Social Organizations.
“In Law 17/2013 it is true that organizations that receive funds from abroad must report their activities. That’s okay. But is reporting the same as evaluating, auditing? When is the audit, what is audited?” he insisted.
Margarito considered that if Luhut audited the NGOs, it would only lead to a negative perception of the government. People will think that the government is arbitrary.
He also suggested that President Joko Widodo intervene to reprimand Luhut to cancel the plan to audit NGOs.
“My advice to the president is to stop this. Because this is bad. If you fix it first (the rules). It’s too bad, it’s too arbitrary,” he said.
Silence Form
Luhut’s move in planning to audit NGOs can also be considered as a form of silence.
Jakarta State University (UNJ) political observer Ubedilah Badrun said that so far, NGOs are one of the democratic forces that often speak critically of the government. Therefore, he views Luhut’s move as a threat to freedom of expression.
“If LBP continues to carry out such a pattern of threats, while he is also the Coordinating Minister for Maritime Affairs and Fisheries, it has nothing to do with NGO auditing tasks, then it can be concluded that this LBP step can be categorized as abuse of power and is seen as an attempt to lead to so-called silencing,” said Ubed.
The ‘wall’ of silence did not only occur when Luhut said some time ago.
Ubed then reminded that the government through the Attorney General Hendarman Supandji in 2007 had a discourse on making laws as the legal basis for the implementation of NGO audits. However, the discourse failed to materialize.
According to Ubed, from the start many parties rejected the plan. He is also worried that the discourse will resurface after Luhut intends to audit NGOs.
“The NGO audit law is wrong, because it contradicts the basic principles of a democratic country regarding freedom of association or organization. If it appears again now, it means that something is wrong in the heads of palace and parliamentary people in understanding democracy,” said Ubed.
“Or it should be suspected that there was a motive to silence NGOs. So far, NGOs have been a democratic force that has often spoken critically of the government,” he added.
Moreover, according to Ubed, the audit of non-governmental organizations is the right of internal auditors and professional auditors requested by the NGO. NGOs also have nothing to do with Luhut’s position.
“Therefore, LBP does not have the authority to do this, nor does the government have authority to audit NGOs except for NGOs that use government funds,” he concluded.
(ugo / ugo)
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