The Arrest Of Ustaz Maaher Is Not A Criminalization Of Ulama

Soni Ernata alias Ustaz Maaher At-Thuwailibi (Photo: Twitter @ustadzmaaher_)

JAKARTA - Bareskrim Polri arrested Soni Ernata alias Ustaz Maaher At-Thuwailibi on Thursday, December 3. This arrest is related to a case of allegedly spreading hate speech that smells of SARA.

"Yes, right. The person concerned was secured at his residence in Cimanggu Wates, Kedungbadak, Tanah Sareal, Bogor," said Head of Public Relations of the Indonesian Police, Inspector General Argo Yuwono to reporters, Thursday, December 3.

The arrest of Ustaz Maaher was a follow-up to the report number LP / B / 0677 / XI / 2020 / Bareskrim dated November 27, 2020. The report was because he was deemed to have insulted Nahdlatul Ulama (NU) cleric Habib Luthfi bin Yahya via his personal Twitter account @ustadzmaaher_.

The form of humiliation that Maaher made was uploading a tweet on the @ustadzmaaher_ account, 'beautiful wearing a hijab like a Banser cleric' by posting a photo of Habib Lutfi.

"On the alleged violation of the criminal act of disseminating information aimed at creating hatred, hostility to certain individuals or groups of society based on SARA," said Argo.

Karo Penmas, Public Relations Division of the National Police, Brigadier General Awi Setiyono, said that investigators are still exploring the Ustaz Maaher mode behind this case. But investigators have already pocketed several pieces of evidence that can strengthen the occurrence of criminal offenses.

"The evidence confiscated included 4 email addresses and one KTP," he said.

In this case Ustaz Maaher was accused of Article 45 paragraph (2) in conjunction with Article 28 paragraph (2) of Law Number 19 Year 2016 concerning Amendments to Law Number 11 Year 2008 concerning Electronic Information and Transactions.

"The threat of imprisonment for 6 years and / or a maximum fine of Rp1 billion," he said.

Lawyer Call there anomaly

Maaher's lawyers consider the arrest of his client to be anomalous. Because, in this case the investigator did not first send a summons for investigation, but an arrest was immediately made.

"He received no more summons but an immediate arrest," said a team member of Ustaz Maaher's lawyer, Djudju Purwantoro.

"The person concerned is without a summons process according to Article 1 of the Criminal Procedure Code," he continued.

In addition, the lawyers' team felt the discrepancy was the fast handling. It is different if those who do the reporting will be followed up for a long time.

"It seems that there are oddities and discrimination because a lot of them are close to the regime. Even though we have repeatedly reported there is no legal follow-up," he said.

Not Criminalization

The religious figure Gus Miftah warned Maaher. Miftah said, Maaher's statement was dangerous, and when it comes to the realm of law, then it is not criminalization.

"Do not let the police arrest your legal report later, you say this is called clerical criminalization. Hey Ustadz Maaher, where is the criminalization of ulama if you commit a crime and then get arrested by the police. This is not religious discrimination, but a legal process against criminal clerics," he said

In addition, Gus Mifah said that religious leaders should uphold mutual respect for one another. Despite having different views.

"It could be that I have a different opinion with Habib Rizieq, but I really respect him. Because it is said that it is forbidden to enter heaven for people who do wrong and hate the habaib," he said.

"I really respect him, and I have a principle, respect must take precedence over obedience," he continued.

A criminal law expert from Al Azhar University, Suparji Ahmad is of the opinion that in this case the police referred to the existence of sufficient reports and evidence to make an arrest.

"The arrest will not be carried out if there is not sufficient evidence to determine the subject being arrested," said Suparji.

In fact, investigators in deciding to make an arrest have taken various things into account. Including the existence of legal action from the party arrested.

However, if it is said to be a criminalization, Suparji said that there should be no reports from parties who feel they are being disadvantaged. Then, also not based on clear evidence.

"The police have calculated that if it is carried out arbitrarily it can be carried out in pretrial right. So the view of the police is that there is money and (criminal) elements are fulfilled in the act," he said.