Homepage / Internasional Presisi Konflik Hukum Civic Rohingya dan Pribumi Indonesia

Presisi Konflik Hukum Civic Rohingya dan Pribumi Indonesia

Internasional5,127 views

Oleh: Djoko Edhi Abdurrahman (Mantan Anggota Komisi Hukum DPR dan Wakil Sekretaris Lembaga Penyuluhan Bantuan Hukum Nahdlatul Ulama, PBNU).

Posisi Rohingya adalah kebalikan masalah civic Indonesia. Kesamaan Rohingya dengan Pribumi Indonesia, sama-sama muncul karena konflik pembuatan undang-undang (UU). Pada 1989, Burma mengubah namanya menjadi Miyanmar setelah menerbitkan UU Kewarganegaraan pada 1982.

UU ini bernama Burma Citizenship Law (UU Kewarganegaraan Birma) 1982. Karena bentuknya UU yang mengatur kebangsaan, civic, dipastikan UU ini merupakan rundown dari undang-undang dasar (konstitusi). UU ini membuang Rohingya, penduduk asli Rakhien (Arakan). UU ini tidak memasukkan warga Arakan yang merupakan pribumi beragama Islam, sebagai warga negara. Ini awal dari konflik terkini Rohingya, yang nyaris mustahil diselesaikan internasional, ke depan.

Tentu ada alasan luar biasa dari junta militer berkuasa masa itu yang menerapkan DOM (Daerah Operasi Militer), sebagaimana DOM Aceh di zaman Orba di Indonesia.

Tak ada jalan lain bagi Rohingya, kecuali melawan. Berdamai tak bisa, karena hak hukum telah dicabut oleh Burma Citizenship Law seluruhnya. Artinya, dengan dikeluarkannya Rohingya sebagai warga negara, maka rakyat Rohingya tak memiliki hak hukum apapun, sekaligus tak memiliki hak konstitusional. Mereka tak memiliki perlindungan segala hak hukum dari negara dan pemerintah. Bahkan dari living law (hukum adat dan agama). Tanpa identitas negara atau stateless, mereka lebih rendah daripada hewan (yang masih memiliki pemilik). Sadis!

Dalam ilmu negara dan ilmu hukum tata negara, negara hanya wajib melindungi warga negaranya. Sedang warga asing dilindungi berdasarkan protokol diplomatik dan protokol PBB. Stateless tak boleh ada, itu pelanggaran hukum internasional. Karenanya, upaya dunia internasional dalam menyelesaikan pelanggaran HAM berat, serangan militer kepada sipil tak bersenjata di Rakhien, Miyanmar, terasa seperti dramaturgi yang endingnya waiting for godot juga.

RRC Kunci Panas Rohingya

Reaksi Internasional saat ini, menurut hukum, sebatas untuk menghentikan kejahatan pelanggaran HAM berat, pembunuhan oleh militer terhadap sipil tak bersenjata, tanpa kecuali, anak-anak dan perempuan, dimusnahkan. Itu menunjukkan operasi DOM ethnic cleansing, kejahatan tertinggi genocida, seperti hollocaust oleh gereja abad 17 dan hollocaust oleh Fuhrer setelah Perang Dunia I. Itu satu.

Kedua, bantuan kemanusiaan, yang sangat tidak memadai dibandingkan konflik Bosnia, di mana interferrensi PBB digunakan. Presiden Soeharto sempat menggunakan hak interferensi (hak ikut campur) untuk masuk ke daerah konflik Bosnia.

Kini juga, yang dibutuhkan oleh Rohingya adalah hak interferensi itu, yang hanya dimiliki PBB. Tapi di PBB izin penggunaan hak interferensi terganjal oleh Hak Veto RRC yang dimiliki 5 Dewan Keamanan Pemenang Perang Dunia I. Yaitu: (i) Amerika Serikat, (ii)  Inggris, (iii) Perancis, (iv) Rusia, dan (v) RRC.

Kesepakatan Dewan Keamanan batal jika salah satu dari 5 Dewan Keamanan itu menerbitkan Veto (menolak). Karenanya, penyelesaian Rohingya sangat tergantung RRC, yang sebelumnya telah dua kali menolak PBB masuk ke Rohingya dalam tiga bulan terakhir.

Konflk UU WNI

Senayan membuat UU WNI tahun 2005 yang Pansusnya diketuai Slamet Efendy Yusuf. Saya memasukkan nama Murdaya Poh sebagai wakil ketua, hasil kesepakatan dengan Mbah Tardjo dan Mas Slamet. Hasilnya, adalah UU No 12/2008 tentang warga negara. UU itu dirundown dari UUD 2002, hasil amandemen UUD 1945. Masalahnya Prof Sahetapi, menghapus pribumi yang pada Pasal 6 Ayat 1 UUD 1945 disebut “orang Indonesia asli”.

Sahetapi mengubah pribumi menjadi warga negara. Akibatnya, warga negara dan bangsa adalah sama di UU No 12, padahal warga negara bisa siapa saja, termasuk asing. Ini paradoks terhadap Declaration of Independence (Proklamasi), dan The Bill of Rights (Preambule). Padahal pribumi atau indigenious people dilindungi HAM PBB.

Setelah itu Presiden BJ Habibie bikin Inpres No 24 tahun 1999 yang melarang kata “pribumi” dipakai. Sekalipun larangan tersebut bersifat lokal, di lingkungan pemerintah, tapi karena mengatur ruang publik, praktis seluruh kehidupan terkena, menurut hukum.

Akibat bikin UUD 2002 serampangan, China Overseas (Cina Perantauan) yang tadinya warga negara, masuk sebagai pribumi, sementara pribuminya musnah.

Itu melanggar Piagam HAM internasional mengenai indigenious people. Perbedaan dengan Rohingya, adalah genocida, penghilangan  pribumi dengan cara pembunuhan. Sedangkan di Indonesia, menggunakan politik. Tapi hasilnya sama-sama ethnic cleansing.

Sama dengan Rohingya, kesalahan UU yang dilakukan Sahetapi dan Habibie, sulit diperbaiki. Para aktivis hukum sudah 13 tahun mencoba memperbaikinya, tapi tak berhasil. Perbaikan harus dilakukan di tingkat konstitusi, yaitu Amandemen ke V oleh MPR. Demikian pula konflik hukum Rohingya, harus mengubah UU Burma Citizenship Law dan UUD nya. Nyaris mustahil.

Saya baca di Sayangi.com, situs milik Bursah Zarnubi, rencana Kapolri Jenderal Tito Karnavian yang akan bertemu dengan Kepala Polisi Miyanmar pekan depan. Apa yang mau dibahas? Meminta agar militer tidak menyerang Rohingya? Juga 4 agenda Menlu Retno yang ketemu dengan Menlu Miyanmar, Auyang Suu Kyi. Tapi kan aneh, meminta Suu Kyi untuk melindungi Rohingya, sebab permintaan itu paradok dengan konstitusi dan UU Miyanmar.
Minta saja agar Miyanmar dan Banglades bersedia maju ke perundingan di meja ASEAN karena masalahnya adalah masalah keluarga ASEAN untuk memberikan semacam Sharm El Sikh di kaki Bukit Sinai Selatan di bawah Perjanjian Camp David 1974. Why Not? Masalah lanjut adalah HAM Rohingya Refuges. Mereka harus dikembalikan seperti Perjanjian Balfour mengembalikan Yahudi ke Israel.

Jangan Lewatkan

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  177. Merhaba Ben Haluk Hoca, Aslen Irak Asıllı Arap Hüseyin Efendinin Torunuyum. Yaklaşık İse 40 Yıldır Havas Ve Hüddam İlmi Üzerinde Sizlere 100 Sonuç Veren Garantili Çalışmalar Hazırlamaktayım, 1964 Yılında Irak’ın Basra Şehrinde Doğdum, Dedem Arap Hüseyin Efendiden El Aldım Ve Sizlere 1990 lı Yıllardan Bu Yana Medyum Hocalık Konularında Hizmet Veriyorum, 100 Sonuç Vermiş Olduğum Çalışmalar İse, Giden Eşleri Sevgilileri Geri Getirme, Aşk Bağlama, Aşık Etme, Kısmet Açma, Büyü Bozma Konularında Garantili Sonuçlar Veriyorum, Başta Almanya Fransa Hollanda Olmak Üzere Dünyanın Neresinde Olursanız Olun Hiç Çekinmeden Benimle İletişim Kurabilirsiniz.

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  375. In line with my observation, after a foreclosures home is marketed at a sale, it is common for the borrower to be able to still have the remaining balance on the mortgage. There are many financial institutions who make an effort to have all rates and liens paid back by the up coming buyer. Nonetheless, depending on specific programs, rules, and state legislation there may be quite a few loans which are not easily sorted out through the exchange of financial products. Therefore, the duty still falls on the borrower that has received his or her property in foreclosure. Many thanks sharing your thinking on this site.

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