Konstitusionalitas pembubaran organisasi kemasyarakatan melalui surat keputusan (Beschikking)

This article examines the ratio legis of the existence of community organizations in Indonesia and the position of the State Administrative Decision (KTUN) in the dissolution of mass organizations in Indonesia. The research method used in this study is the normative legal research and described by qualitatively. The results of the study explained that the existence of mass organizations was the right of freedom given directly by Article 28E paragraph (3) of the 1945 Constitution of the 1945 Constitution which later received direct legitimacy by Law Number 16 of 2017. Unfortunately in the law, the provisions of the dissolution of community organizations through the mechanism Justice is abolished. This gave the affirmation of the government's efforts in treating mass organizations as biological children from people's sovereignty doubtful. Another note which later became the Logical Falacy in the Act was, assuming that KTUN had a higher position compared to the 1945 Constitution As a listed in Article 28E paragraph (3) of the 1945 Constitution of the NRI. So the authors conclude the mechanism of dissolution of community organizations must pass the judicial adjudication process first for obtaining the essence of the legal state desired by Indonesia.