By: Elan Ginting Lazuardi) *
The Indonesian Ulema Council (MUI) expressed its appreciation to the Indonesian President Joko Widodo for taking the policy to release Abu Bakar Ba’asyir from the bars of detainees.
The MUI also considered that the decision of the President was very noble and wise. Liberation of the founder of Al – Mu’min Ngruki Islamic Boarding School Sukoharjo. Central Java was once delivered by the General Chairman of the MUI Kyai Ma’ruf Amin in early 2018. The reason is because of health and humanitarian considerations.
The steps taken by Jokowi’s president were certainly not decisions that appeared suddenly and without foundation. This decision must have gone through a long process and various considerations until finally, Jokowi decided to release Abu Bakar Ba’asyir.
The release of Abu Bakar Ba’asyir shows that the Government upholds the principle of protecting human rights (HAM) in dealing with the problem of terrorism. And respect the dignity of Law Number 5 Year 2018 concerning Eradication of criminal acts of terrorism.
The MUI also appealed to all Indonesian people not to develop other assumptions and guesses related to the release, this is because it can obscure the essence of the law itself, which is neutral and siding with human values and the value of justice.
Not only the MUI, Muhammadiyah Secretary General PP Muhammad Abdul Mu’ti spoke about Jokowi’s decision to free the former leader of the Anshori Tauhid congregation. He also said that the release decision was a very human decision.
Even this decision does not conflict with the law or the president’s rights, especially when looking at the condition of the old Ba’asyir. His figure is no longer a central figure and influential in the organization of radical movements and terrorism in Indonesia.
Of course he is no longer possible to be a driver of action with a very advanced age, so if the President gives clemency or rehabilitation, of course this is legitimate and is something humane.
The community also does not need to be afraid of new acts of terror after Ba’asyir was released. Indeed terrorists are a threat to the nation, but the acts of terrorism that are rife today have nothing to do with Abu Bakar Ba’asyir, a terrorism case that is still being hunted by the Police is a new network that is not bound by Majelis Mujahidin Ansharut Tauhid.
Of course there will be many people, especially the opposition, who speculate that what Jokowi has done has a political motive, but we should also be able to see this as Joko Widodo as a President authorized to grant clemency.
The release of Ba’asyir from his sentence is certainly certain that there is no political element. Chairman of the Board of Trustees of the Muslim Lawyers Team (TPM) Mahendratta said, there was no political element in the plan to release Abu Bakar Ba’asyir, all purely in the realm of law and prisoners’ rights.
The basic plan for the release of Ba’asyir is the right of Abu Bakar Ba’asyir who has undergone two-thirds of the period of detention, humanity where the age of Ba’asyir has now reached 81 years and the disease he suffered.
Regarding the release of Ba’asyir has also been regulated in Article 14 paragraph (1) letter K of Law Number 12 Year 1995 concerning Correctional Services. Ba’asyir has served a 9-year sentence of imprisonment for 15 years. This means that from the legal side Abu Bakar Ba’asyir has undergone most of the sentence so that the person concerned is about to breathe fresh air.
President Jokowi was able to free Ba’asyir through granting clemency in accordance with Article 14 of the 1945 Constitution which was a constitutional right granted to the president to give pardons to prisoners through a number of considerations.
The President does have the right to grant clemency, amnesty, and abolition according to the constitution in the State of Indonesia. Even this is stated in Article 14 of the 1945 Constitution.
Whereas clemency is regulated in law number 22 of 2002 concerning clemency as amended by Law Number 5 of 2010 concerning amendments to law Number 5 of 2010 concerning amendments to law number 22 of 2002 concerning clemency.
Yusril Ihza Mahendra also gave a statement that giving free status to Ba’asyir was very necessary, given the age of Ba’asyir who had entered old age. He also said that Jokowi confirmed to him that the former Governor of DKI Jakarta was very concerned with the condition of Abu Bakr.
Therefore, Jokowi sent the leadership of the Crescent Star Party to study, dialogue and meet Abu Bakar Ba’asyir at the Gunung Sindur Penitentiary. Yusril said that all the talks between him and Abu Bakar Ba’asyir made Jokowi release the terrorist convict.
Yusril Jokowi stated that he was very respectful of the scholars. He did not want any ulama to linger in a prison institution.
Yusril said that the release of Ba’asyir would be carried out as soon as possible while clearing his criminal administration in the LP. At the same time, Abu Bakar Ba’asyir also expressed his gratitude for the presence of God for his release and thanked all parties who had taken the initiative to release him.
This good news was also welcomed by Abdul
He also said, the family will hold a thanksgiving to welcome Ba’asyir’s return by inviting neighbors at Al Mukmin Ngruki Cemani Islamic Boarding School in Sukoharjo, Central Java.
The pesantren will also coordinate preparations to welcome Abu Bakar Ba’asyir’s return. At
) * The author is a security observer
