REPUBLIKA.CO.ID, JAKARTA -- State Constitutional Court expert Margarito Kamis said video playback of HTI Congress before the government gave testimony to the material review session of Regulation in Lieu of Law (Perppu) on mass organizations (Ormas) No.2 of 2017 last week, would weaken the ground reason of Perrpu issuance. 

The use of the video to issue the Perrpu is also considered as illogical.

Margarito acted as an applicant expert in review session of Perppu Ormas, which was filed by former Hizbut Tahrir Indonesia (HTI) spokesman Ismail Yusanto, on Wednesday. 

Margarito explained, if the issuance of the Perppu refers to HTI video, there is no crisis situation before the issuance.

"The event (which happened) in the video can not be considered as a crisis event," said Margarito in Constitutional Court Building, in Medan Merdeka Barat, Wednesday.

Faridji Wadjdi, one of the witness, said the video of HTI Congress was recorded on Sunday, June 2, 2013. HTI organization was not in the form of legal entity at that time, Margarito explained.

In 2013 HTI only had a Certificate of Registration (SKT) from Ministry of Home Affairs (Kemendagri). HTI was incorporated legally by the Ministry of Law and Human Rights (Kemenkumham) in 2014.

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HTI was accepted by the government, he argued, and if the the government considered HTI needed to be dissolved and Perppu Ormas very urgent to be published, it should be done in 2013. 

"Why the government wait for four years before making decision? There is not enough legal reason to construct a crisis situation but the president use its exclusive rights (Perppu)," Margarito said.

Separately, Ismail Yusanto's lawyer Yusril Ihza Mahendra emphasized that there is an interval of four years from the time of video documentation until the publication of the Perppu Ormas in 2017. 

Furthermore, Yusril added the witness confessed that he never be summoned by the government to provide information about the video.

"The witness was asked 'did you ever be summoned by law enforcement to provide information that the HTI invited you to join the caliphate, either by SBY government or Jokowi government?' He said 'never'," said Yusril.

Meanwhile, supporting party of the issuance of Perppu Ormas, I Wayan Sudirta, said that Perppu Ormas still urged to be published due to critical situation. The issuance of the Perppu showed the firmness of the current government, he added.

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