Jakarta, karebaindonesia.id – Akademisi Fakultas Hukum Universitas Muslim Indonesia (UMI) Makasar, Fahri Bachmid mengecam tindakan represif aparat pada saat menagani masa aksi demo yang menolak omnibus law beberapa waktu lalu.

“Kami sangat menyesalkan sekaligus mengecam tindakan tidak profesional dan melawan hukum yang dilakukan oleh aparat,” ujar Fahri Bachmid, dalam keterangan tertulisnya pada Minggu, 11 Oktober 2020.

Pernyataan Fahri Bachmid ini merupakan tanggapan atas peristiwa tindakan represif dan brutal aparat kepolisian kepada salah seorang dosen tetap Fakultas Hukum Universitas Muslim Indonesia Makassar (UMI) berinisial AM (27 tahun) pada aksi demonstasi penolakan UU Cipta Kerja pada Kamis, 8 Oktober 2020 lalu. Diketahui, sang dosen ini menjadi korban salah tangkap dan tindakan represif aparat kepolisian. Padahal dia tidak ikut aksi demonstrasi.

“Dia juga sudah memperkenalkan identitas pribadinya kepada aparat pada saat ditangkap. Namun, apa yang disampaikan sang dosen kepada aparat tetap saja tidak dihiraukan, dengan demikian tindakan kekerasan oleh aparat sangat tidak bisa diterima dan dibenarkan, ini sangat destruktif dan berbahaya dalam sebuah masyarakat beradab,” ujar Fahri Bachmid yang penah menjadi Pengacara Jokowi – Maruf Amin pada saat sengketa Pilpres di MK tahun 2019 lalu.

Menurut Fahri Bachmid, tindakan kekerasan yang dilakukan oleh aparat dalam pananganan aksi demonstrasi secara nyata telah melanggar Hukum dan Hak Asasi Manusia, serta prinsip-prinsip dasar hak asasi sebagaimana telah diatur secara komprehensif dalam Peraturan Kapolri (Perkap) Nomor 8 Tahun 2009 Tentang Implementasi Prinsip dan Standar Hak Asasi Manusia Dalam Penyelenggaraan Tugas Kepolisian Negara Republik Indonesia dan PERKAP No. 14 Tahun 2011 Tentang Kode Etik Profesi Kepolisian Negara Republik Indonesia, dan instrumen normatif itu merupakan pedoman yang wajib dipegang oleh setiap anggota maupun institusi kepolisian Republik Indonesia.

“Kami melihat apa yang dialami oleh korban adalah sebuah tindakan penganiayaan yang tergolong brutal, sadis dan sangat melanggar Hak Asasi Manusia,” katanya.

Lebih lanjut, Fahri menegaskan apapun alasannya aparat keamanan tidak dibenarkan secara hukum menggunakan kewenangan dalam menghadapi aksi massa mengunakan cara-cara yang berlebihan dan eksessif seperti itu, Apalagi melakukan penangkapan secara serampangan dan kemudian dilakukan penganiayaan secara brutal dan tidak mengindahkan serta menghormati kodrat serta eksistensi manusia sebagai adresat hukum hak asasi manusia yang sangat dilindungi oleh konstitusi (UUD NRI Tahun 1945).

“Kami meminta Kapolda segera melakukan proses hukum atas tindakan oknum aparat keamanan yang telah melakukan kejahatan secara berlebihan ini, Dan jika terbukti selain dikenakan hukuman yang setimpal, yang bersangkutan harus dipecat secara tidak hormat sebagai anggota kepolisian Negara republik indonesia,” tambahnya.

Tak hanya Kapolda Sulsel Irjen Polisi Merdisyam, Fahri Bachmid juga mendesak Kapolri melakukan evaluasi menyeluruh atas tindakan anggotanya dalam penangaman aksi unjuk rasa yang menolak UU Omnibus Law dan UU Cipta Kerja. Menurut Fahri Bachmid, tindakan oknum brutal aparat merupakan kejahatan yang tidak dapat ditolerir dan tidak punya tempat dalam sistem negara demokrasi konstitusional maupun negara hukum yang demokratis di indonesia saat ini.

“Kami meminta kepada Kapolri untuk melakukan evaluasi atas berbagai tindakan deviasi yang tidak sejalan dengan prinsip dan spirit HAM sebagaimana diatur dalam konstitusi maupun UU No. 39 Tahun 1999 Tentang HAM agar ditertibkan serta ditindak secara tegas jika masih saja ada anggota yang melakukan berbagai tindakan indisipliner serta melanggar hukum seperti itu, ini penting dan krusial agar citra Polri serta Negara yang menjujung tinggi hukum dan HAM tetap terjaga. Jangan sampai masyarakat internasional menilai kita sebagai sebuah entitas masyarakat internasional maupun sebagai bangsa yang tidak menghormati kaidah-kaidah HAM,” katanya.[]

By Kareba Indonesia

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