Successive Trials For The People: The Emergence Of Rules For The Insult Of The Ruler In The Middle Of Pandemic Suffering

National Police Chief Idham Azis speaks at Commission III of the DPR (Source: humas.polri.go.id)

JAKARTA - The National Police Chief, General Idham Azis, issued a telegram, which aims to prevent and take action against crimes when the spread of COVID-19 occurs in Indonesia. It's just that this action is prone to become a government immunity drug. The old issues throughout the regime that are feared are silencing critical state life. The trials of the people during the pandemic have increased.

Through a Telegram Number ST / 1100 / IV / HUK.7.1 / 2020 signed by the Head of Criminal Investigation Police, Komjen Pol Listyo Sigit Prabowo on behalf of the National Police Chief, General Idham Azis, explained about cyber crimes that must be prevented and dealt with during the COVID-19 pandemic.

Written, forms of violations or cyber crimes that may occur, including resilience of internet data access during an emergency, such as the spread of hoaxes related to COVID-19 and government policies; insult to the ruler / president and government officials; fraudulent sale of masks, personal protective equipment (PPE), antiseptics, other drugs and disinfectants; do not comply with health quarantine administrators or obstruct them.

Police are also ordered to carry out cyber patrols related to the spread of false or hoaxes related to COVID-19, including monitoring and taking firm action against perpetrators of insulting the president and government officials. For perpetrators of insulting the president or other state officials, Article 207 of the Criminal Code will be subject to a maximum imprisonment of 1 year and 6 months.

National Police Chief Idham Azis (Source: humaspolri.go.id)

This instruction as of April 4 was later confirmed by the Head of the Public Information Bureau of the National Police, Brigadier General Argo Yuwono. "Yes, that's right (there was a telegram publication)," Argo told reporters.

In addition, the National Police Chief also issued a Telegram Letter Number ST / 1099 / IV / HUK.7.1.2020 concerning the duties and functions of the Criminal Investigation Unit in the availability of basic goods and distribution. Possible violations or crimes that occurred, said the Chief of Police in the letter, were playing prices and hoarding basic commodities as well as obstructing and hindering food distribution.

Responding to the appearance of the Chief of Police's telegram letter ordering the police to take action against the perpetrators of insulting the president or other officials regarding the handling of COVID-19, member of Commission III of the Indonesian House of Representatives Arsul Sani asked the National Police to be careful. He reminded the police about the Chief of Police Circular Letter Number 6 / X / 2015 regarding the handling of hate speech that prioritizes prevention.

"So that what is in the SE Kapolri is applied properly by the Police to avoid the impression that the Police are arbitrary in enforcing the law," Arsul said in a written statement, Monday, April 6.

The politician from the United Development Party (PPP) also asked the police not to violate the principle of due process of law or action based on correct rules and procedures.

More people are being sacrificed

On the other hand, a member of Commission III DPR RI Sarifuddin Suding stated that there should be no attempts to silence critical voices from the public. All legal processes, he said, must be carried out with the basic principles of correct rules and procedures. Do not let the people who return be sacrificed.

Moreover, criticism of the president and other officials is actually a common thing in this era of democracy. So that public officials should not be thin ears.

"In a democratic country all policies and actions will always be criticized, both constructive and destructive. Criticism of the authorities is common in a democratic country like Indonesia," said Sarifuddin.

Jakarta Legal Aid Institute (LBH) public lawyer, Muhammad Rasyid Ridha also spoke up about this telegram. He said, related to cyberspace monitoring or monitoring of criminal acts such as insulting the president and other officials and spreading hoaxes, it is problematic because this makes the police appear to be acting partially.

In fact, the police apparatus should be impartial and not take sides with anyone. The police, said Rasyid, must not find fault with others before an incident occurs or a report on an incident.

"But this has become proactive. This means that there will be potential for arbitrariness in the law enforcement process. One of them is in cyberspace, there is a focus on fake news, it is also related to the COVID-19 outbreak, continues to be related to hate speech, including those related to insults against the president and the authorities, "said Rasyid when contacted by reporters.

So that with the use of Article 207 of the Criminal Code, he assessed the potential for the rubber article to occur. Given that, there is no clear boundary between those who insult or criticize the government or the president. "And to make matters worse, this article can be easily played by the authorities. By the president," said Rasyid.

"For example, in many cases, this article is aimed at people who criticize the president. So people who criticize in the context of public participation are silenced using this article, because they consider it insulting," he concluded.