The Use of the Contra Actus Principle in Dissolution of Social Organizations from the Perspective of the Democratic State

Abstract

This study examines the use of the contra acctus principle in the dissolution of community-based organizations in Indonesia in the perspective of a democratic country. This study uses a normative method by discussing the laws and regulations related to developing legal issues. The results of the research prove that the application of the contrarius actus principle in the perspective of the Democratic Law State is actually enforced in order to carry out the function of government control over the establishment of community organizations, but in practice or application, the principle of contarius actus is used as a weapon or tool by the government to combat social organizations deemed incompatible with the ideology of Pancasila. Dissolution of CSOs should follow the formulation that has been formed based on the law by returning the control mechanism through the state administration lawsuit so as to prevent the government from unilaterally dissolving the organization until there is a lawsuit filing.