Tiga Pemuda Ditangkap dan Ditahan Tanpa Prosedur, Polresta Malang Mendapat Kecaman
Penulis: Mansyur
Cakrawalaide.com – Tiga orang pemuda ditangkap dan ditahan oleh jajaran Polresta Malang Kota dengan tuduhan pelaku penghasutan lewat aksi vandalisme di 33 titik di wilayah Kota Malang, Jawa Timur. Salah satu diantaranya merupakan aktivis pers mahasiswa.
Mereka adalah Ahmad Fitron Fernanda (Anggota LPM Siar), M. Alfian Aris Subakti, dan Saka Ridho. Ketiganya ditangkap di rumah masing-masing, yakni daerah Sidoarjo, Lawang, dan Singosari, tanpa ada penunjukan surat penahanan dan alasan penangkapan.
Menurut Jauhar dari LBH Surabaya selaku pendamping hukum, tindakan kepolisian ini tidak mencerminkan profesionalitas sebagai penegak hukum.
“Keterangan dari keluarga Fitron, Alfian dan Mamul, ketiganya tiba-tiba saja ditangkap tanpa menunjukan surat penahanan yang jelas dan alasan penangkapan yang prematur, karena hanya berbasis dugaan yang spekulatif tanpa disertai bukti yang jelas alias masih kabur,” ujarnya saat dikonfirmasi via pesan whatsapp.
Berdasarkan pers rilis yang Cakrawalaide terima, pada tanggal 19 April 2020, sekitar pukul 20.20 WIB, lima orang polisi mendatangi kediaman Fitron di Sidoarjo. Menurut keterangan ayahnya, tiga polisi bertugas di Malang dan dua orang yang lain merupakan polisi Sidoarjo. Saat dimintai surat penjemputan, polisi menunjukan surat yang tidak ada nama Fitron, sehingga ia sempat menolak untuk menuruti permintaan polisi tersebut. Namun, akhirnya Fitron terpaksa mengikuti polisi dan dibawa ke Polres Malang.
Tidak hanya itu, polisi juga menggeledah kediaman nenek Fitron di Tumpang (tempat Fitron tinggal selama kuliah di Universitas Negeri Malang) untuk mencari barang-barang yang dianggap berkenaan dengan gerakan anarko.
Kedua pemuda lainnya, yakni Alfian dan Saka ditangkap di rumahnya pada tanggal 20 April 2020. Alfian dibawa polisi dari rumahnya di daerah Pakis, Malang sekitar pukul empat pagi. Sedangkan Saka dijemput di rumahnya di Singosari pada pukul 05.00 WIB oleh lima personel kepolisian yang tidak berseragam.
Ketiga pemuda yang diketahui aktif melakukan berbagai pendampingan kasus-kasus dan aktif di komite Kamisan Malang, diproses secepat kilat tanpa memperhatikan langkah-langkah hukum yang ada.
Hal ini sangat bertentangan dengan asas keadilan karena mereka diperlakukan bak teroris dan berbahaya, padahal mereka kooperatif. Apalagi tuduhan yang disangkakan sangat samar. Lantas polisi lalu menaikkan status mereka menjadi tersangka, dengan Pasal 160 tentang Penghasutan yang merupakan delik materil, artinya jika belum ada akibat yang ditimbulkan, maka tidak bisa dikenakan pasal tersebut.
“Sudah jelas apa yang menimpa ketiga pemuda tersebut merupakan tindakan tidak demokratis, tidak menghargai hak warga negara serta cacat prosedur hukum,” tegas Jauhar.
Atas kejadian itu YLBHI, LBH Surabaya, LBH Pos Malang serta sejumlah organisasi dan individu masyarakat sipil yang turut bersolidaritas untuk ketiga korban menuntut pihak kepolisian Polresta Malang untuk:
1. Membebaskan ketiga pemuda yang ditahan, karena telah menyalahi prosedur dan merupakan tindakan berlebihan, sangat bertolak belakang dengan hak asasi manusia;
2. Batalkan status tersangka, karena bertentangan dengan asas keadilan, tidak hanya pasal yang disangkakan, tapi pasal-pasal lainnya yang akan disangkakakan, sebab tidak ada bukti jelas. Penentapan tersebut sifatnya dugaan spekulatif;
3. Hentikan hal serupa kepada siapapun, karena ini adalah mata rantai, sebab akan menyasar warga negara yang lain. Hal tersebut bertentangan dengan Hak Asasi Manusia yang seharusnya dipenuhi dan dilindungi oleh negara, bagian dari kriminalisasi lebih jauh SLAPP.
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