Said Didu Police, Former Chief Justice Of The Constitutional Court Calls Article Karet Kerap Ancam Different Opinions Of The Government

JAKARTA - Former Chief Justice of the Constitutional Court (MK) Jimly Asshiddiqie views that differences of opinion in responding to policies implemented by the government should not be processed by criminal law.

He also encouraged law enforcement officials (gakkum) to consider reporting using the rubber article against the reported party as currently faced by Said Didu in criticizing the land dispute project for the development of the National Strategic Project (PSN) at Pantai Indah Kapuk (PIK) 2.

"It is better for the authorities to stop all legal processes on all reports/complaints against people with different opinions or even anti-policy governments, such as Said Didu, Refly Harun, etc. with various rubber articles," he said in his X social media account, @JimlyAs, Wednesday, November 20.

According to him, there is still a threat of rubber articles in the context of criticizing the government threatening the dignity of democracy.

"This will only damage the demcracy that requires tolerance for all differences," continued Jimly.

In resolving the case, Jimly also demanded that law enforcement officials implement restorative justice by bringing together the reporter and the reported party, including in the case that ensnared Said Didu.

He said that the seriousness of the apparatus in carrying out a restorative justice approach in this case could be the view of how the government deals with public criticism and its impact if the public expresses its expressions.

"Law enforcement officers, both the police and the prosecutor's office, really implement a restorative justice policy through a penal mediation mechanism. Let the reporting parties and / or complainants be met peacefully with the reported party / defendant through the 'out of court settlement' procedure," he said.

Said Didu was reported to the Tangerang Police by the All-Indonesian Village Government Association (Apdesi) of Tangerang Regency on suspicion of spreading hoax news and information that caused hatred. The report relates to PSN criticism at PIK 2.

"Our basis (Village Heads, Institutions, Ormas and community leaders) reported Said Didu, namely, the first is that the village head is accused of forcing residents to sell land to developers, the second (is accused) of arbitrarily displacing residents in inhumane ways," explained Apdesi Chairman Maskota to the media, Monday, November 18.