Law Enforcement Against FPI Activists Is Not a Violation of Human Rights
By: Firza Ahmad) *
The shooting case of six FPI (Islamic Defenders Front) troops is still a polemic. The Team for Guards for Murder Incidents (TP3) of six FPI laskar stated that the shooting was a gross human rights violation. However, a number of parties have denied this assumption because based on the facts, the shooting of the six people was not a serious human rights violation.
Executive Director of the Indonesian Police Strategic Studies Institute (Lemkapi) Edi Hasibuan asked that the matter not be brought to the Human Rights Court. In his written statement, Edi said that there were parties who deliberately forced this shooting case as a gross human rights violation so that it could be brought before a human rights court.
According to him, the request that the shooting case be brought to a human rights court is baseless. He considered that there are certain parties who want to build misleading opinions with engineered image pieces. He reminded that in its recommendation, Komnas HAM did not mention any gross human rights violations in this case. Komnas HAM has stated that the deaths of the six FPU laskar were ordinary human rights violations.
His party also observed that the shooting case did not meet the elements of gross human rights violations as stated in Law Number 26 of 2020 concerning Human Rights Courts. The lecturer at Bhayangkara University Jakarta said that the government had also stated that this case did not fulfill the element of gross human rights violations. Namely structured, systematic and massive.
Meanwhile, the National Commission on Human Rights (Komnas HAM) has decided that the case does not fulfill two elements to be declared a gross human rights violation.
Komnas HAM commissioner Beka Ulung Hapsari said, based on Law no. 26 of 2000 concerning human rights courts, there are two main elements of gross human rights violations, namely systematic and widespread. The two elements did not occur in that case. Komnas (HAM) findings are an escalation or dynamics in the field.
Beka said the systematic element meant that cases had to be planned and had command. Meanwhile, the widespread element means that the impact of the case can be felt by the community at large.
These two elements were apparently not present in the shooting of the 6 FPI troops. Beka explained that the decision was taken after his party conducted an in-depth investigation and examination of sanctions from various parties.
He said that in connection with the statement by Amien Rais and his friends who stated that the Karawang incident was a serious human rights violation, his party stuck to his conclusion and stated that the Karawang incident was a human rights violation, not a serious human rights violation.
The head of the FPI Laskar Murder Team (TP3), Abdullah Hehamahua, said that he would submit evidence of alleged serious violations in the case to President Joko Widodo.
The move was taken after the Coordinating Minister for Political, Legal and Security Affairs Mahfud MD said Jokowi did not want to handle the case based solely on conviction. Previously, we need to know where there are several important explanations from Komnas HAM that can refute various hoaxes and disinformation.
First, Komnas HAM found that the FPI did indeed carry out the shooting. This means that the FPI lied when they said they did not carry weapons. Second, Komnas HAM found that the police officers who were following Rizieq’s group on the Jakarta – Cikampek toll road were indeed assigned to monitor and spy on.
This indicated that they were not assigned to attack Habib Rizieq’s group.
Third, Komnas HAM found a clash between the police and the FPI laskar that occurred because of a deliberate attempt by the FPI paramilitary car to squeeze, bump and obstruct the speed of the police car. This of course refutes FPI’s explanation that they were attacked by the police. Rizieq even said that they were led to the killing field.
Komnas even emphasized that the FPI paramilitary cars could actually avoid clashes, because police cars were far behind when they entered Karawang.
Fourth, Komnas HAM did not find evidence of torture on the bodies of the FPI soldiers who died, only 18 evidence of gunshot wounds on the bodies of 6 members was found. Meanwhile, the Police explained that the shooting that killed 4 FPI members was carried out by police officers in self-defense.
Of course there are things to be grateful for. Komnas HAM’s investigation shows that we can trust the police, whereas FPI is an organization that does not have a permit.
) * The author is a citizen living in Bogor