By: Dodik Prasetyo) *
Determination of Chairperson (PA?) 212 Slamet Maarif as a suspect in an election criminal case must be seen wisely and clearly, because there are legal issues in the case. So that this case is purely a legal problem and not a form of criminalization of scholars who are widely neutralized on social media.
The case began when PA 212 held a Tablig Akbar in Gladag, Solo, Central Java, on January 13, 2019. Slamet Ma’arif allegedly participated in campaigning for one of the pairs of presidential candidates on the sidelines of the event. The Surakarta Regional Campaign Team (TKD) of Jokowi – Ma’ruf then reported Slamet Ma’arif to Surakarta Bawaslu.
Slamet’s determination as a suspect was later assessed by the Chair of the PA 212 Media Center Novel Bakmumin as evidence that the Jokowi government was anti-Islam and add to the long list of criminalization of scholars.
According to Novel, Slamet only carried out his duties as a preacher when invited to the event. In addition, Slamet is also not a success team or campaigner Prabowo – Sandi, party person or civil servant.
In the Tabligh event which was open to the public, Slamet Ma’aruf called for a change in the president. At that time, Slamet Ma’arif delivered a change in the president, he called out “2019 what?” Then the participants answered “change the president.” Slamet also called back ‘instead, who? ‘The participants answered as Prabowo.
In addition, Slamet also said that he should not cast a picture of the president and cleric, but should cast a picture next to the president and clerics.
In the grand meeting, Slamet also gave speeches ‘If there is a picture of the president, do not do anything, because later it will be subject to article, because it cannot damage the image of the president. And if there is a picture of the cleric, why don’t you do it too, because later you will qualify. But if you see the picture next to it, then click and plug it in. “
On January 22, 2019, Slamet Ma’arif was questioned by Bawaslu for questioning related to the report. The Surakarta Bawaslu then submitted a report of alleged campaign violations to Mapolresta Surakarta on February 1, 2019. Surakarta Polresta determined Slamet as a suspect after he was previously questioned on February 7, 2019.
The presumption of the criminalization of ulama in the Slamet Ma’arif case was delivered by Deputy Speaker of the House Fadli Zon.
Slamet also said that he was treated unfairly by law enforcement. According to him, Determination of suspects as an illustration of the legal injustices presented clearly in this country.
Slamet was concerned that the determination of the suspect against him could potentially affect the 2019 Election. He assumed that the determination of the suspect would affect public trust and law enforcement in 2019.
In this case there is electoral potential if the FPI cadre is thrown into prison. This will benefit Jokowi because it is based on the absence of constructive responses from BPN which only tend to be silent.
But Vice President Jusuf Kalla asked the public to be able to distinguish between criminalization and law enforcement. This responds to the accusation of criminalizing a number of parties over the determination of the suspect of the PA 212 Chairperson.
Jusuf Kalla reminded that the law enforcement process was implemented fairly. If indeed the act committed violates the law, it must be dealt with without discriminating against the culprit.
He considered that so far, the case that had befallen the Deputy Chairperson of the National Winning Body (BPN) Prabowo – Sandi, there was no element of criminalization.
Jusuf Kalla also considered that the allegations of some parties about criminalization were not true, and the case that struck Slamet was indeed a violation of a rule. If the determination of the suspect’s status is considered as criminalization, then this needs to be studied properly.
Slamet has been proven to be carrying out a campaign out of schedule. The spokesman for the Islamic Defenders Front (FPI) faces a maximum sentence of one year imprisonment and a maximum fine of Rp. 12,000,000 as stipulated in Article 492 of the Election Law, or two years in prison and a maximum fine of Rp. 24,000,000 in Article 521 of the Election Law.
Ali Mochtar Ngabalin also requested that every case of alleged criminal offense that dragged the opposition was not linked to the government or President Joko Widodo. According to him, at present there are very few governments often called criminalization.
Furthermore. Ngabalin asked Slamet to follow all the legal proceedings in the case of alleged campaign violations outside the 2019 general election (election) schedule. He said that Slamet must be prepared for legal proceedings carried out by the Surakarta police station.
The National Police Headquarters has also stated that the determination of Slamet Ma’arif as a suspect has gone through a review process. Karo Penmas Polri Public Relations Division Brig. Gen. Dedi Prasetyo said that the study was carried out by integrated law enforcers consisting of police, prosecutors and Bawaslu elements.
In line with this statement, the Chairperson of Bawaslu Abhan ensured the work of the institution was in accordance with those in the statutory regulations. According to him, the integrated law enforcement process of Gakumdu does not only involve the Bawaslu, but also the police and prosecutors.
Regarding the case that ensnared Slamet Maarif, the Solo Election Supervisory Body had submitted the case to the police for further action. Abhan explained that Sentra Gakumdu has been working on studies, examining relevant parties, and also reviewing available evidence.
However, the rule of law must be enforced, in this case the Bawaslu and the Police have full authority to decide all legal decisions.
) * The author is a contributor to the Indonesian Strategic Information Study Institute (LSISI)