Differences In Handling The Cases Of The Loss And Gilbert Lumoindong Galih Can Make The Public More Disbelief Of The State Bhayangkara

JAKARTA People are shocked by the case of blasphemy that dragged the names of the owners of the TikTok account @galihloss and Pastor Gilbert Lumoindong. On the one hand, the police are considered selective, but on the other hand there is an assumption that the arrest of the blasphemy case is only based on 'preserving conduciveness'.

TikToker Galih Noval Aji Prakoso or who is more famous with the name Galih Loss had angered netizens because of his prank content which was considered a danger to online motorcycle taxi drivers some time ago.

After uploading an apology video, it turned out that news of Galih Loss being arrested. But his arrest was related to content containing religious blasphemy. He was immediately named a suspect and detained.

Dirkrimsus Polda Metro Jaya Kombes Ade Safri Simanjuntak said Galih Loss was arrested on Monday (22/4/2024) night.

"Recognizing the existence of a TikTok account with the username @galihloss3 which uploaded a video containing SARA containing SARA-based hate spread through electronic media and blasphemy against a religion held in Indonesia," said Ade Safri, Wednesday (24/4/).

Another with the case of Pastor Gilbert, whose lecture video has gone viral on social media since mid-April. In the less than one minute video, Pastor Gilbert compares the zakat of Muslims and Christians who are considered offensive to Muslims.

Realizing that his lecture video reaped blasphemy, Gilbert apologized and he also met with the Chairman of the Indonesian Mosque Council as well as the 10th Vice President and 12 Jusuf Kalla. But until now, Pastor Gilbert's fate is not like the Galih Loss who has to languish behind bars.

Galih Loss was charged with Article 28 paragraph 2 of Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) and Article 156 of the Criminal Code with a penalty of six years in prison.

Meanwhile, Gilbert, the latest news was that the police would conduct an examination but until now he was not detained. The difference in the attitude of the police in handling cases similar to the two different people sparked public questions.

Criminal law observer Masykur Isnan said that in the case of alleged criminal acts of blasphemy, the public needs to understand that this is an ordinary offense, not a complaint offense.

In the complaint offense, the legal process can only be continued if there are complaints filed by those who feel aggrieved.

"Meanwhile, in an ordinary offense, without any complaints, the police can immediately process it," said Isnan to VOI.

"For this ordinary offense sustainability, the legal process that determines is law enforcement officials to determine whether the criminal element is fulfilled or not," he added.

The public's response to the arrest of Galih Loss was divided in two. Some think that the case of religious blasphemy that has gone viral on social media is normal, the public actually asks law enforcement officials to be bolder against corruptors.

But others supported this arrest, in the hope of giving other parties a lesson not to insult religion.

According to Masykur Isnan, for the Galih Loss case, if it is legally fulfilled for an arrest, then what the police are doing is correct. But if not, it is necessary to be open that this case does not need to be continued.

In addition, the arrest of cases of blasphemy also needs to be seen how it affects the community. Isnan said, if the effect is systematic, cultural, causing public noise, then actually adding to law enforcement officials to take action against this.

"In addition, this can also be a public education. Not only for suspects but also for the wider community so that things like this are not duplicated or do not happen again," he said.

Furthermore, Masykur Isnan admitted that the arrest of Galih Loss became more 'attractive' because the case coincided with Gilbert, who was considered to have received different treatment. He said that the different approaches made by the police would raise questions in the community, so that it could disturb public trust or trust.

The case of blasphemy which was also horrendous was what dragged TikTok user Lina Mukherjee four years ago. He uploaded a video of eating pork by saying Bismillah.

In addition to the prison sentence, the panel of judges at the Palembang District Court also imposed a fine of Rp250 million on the woman with the real name Lina Lutfiawati.

Zainal Arifin from the Indonesian Legal Aid Foundation (YLBHI) said what happened to Lina was a form of criminalization using rubber articles whose interpretations were often subjective.

He also said that the police should not have had to investigate this case from the start because it did not have legal principles. Because blasphemy or blasphemy within the current legal framework is considered to have no clear definition and limits.

This is often influenced by sociological factors, there is pressure from the public, either offline or online, there are keywords that are viral as a basis for law enforcement to criminalize someone on the basis of blasphemy. This is very vulnerable because it depends on who interprets it, "Zainal said.

"On behalf of conduciveness often makes a foothold to criminalize people, they think it will fulfill people's sense of justice, but it becomes a wild ball for people to criminalize others, open up wide space to divide society due to this blasphemy," added Zainal.