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TRAGEDI KANJURUHAN: PEMERINTAH HARUS BERTANGGUNGJAWAB

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Marwan Batubara, TP3- UI Watch

Sebagai sesama anak bangsa, sangat pantas kita menyampaikan dukacita yang sangat mendalam kepada seluruh keluarga korban dalam tragedi di Stadion Kanjuruhan, Malang. Semoga ratusan korban yang meninggal dunia mendapat ampunan dan tempat terbaik di sisi Allah SWT, serta ratusan pula korban yang mengalami luka-luka segera diberi Kesehatan dan keberkahan.

Pasti ada pihak-pihak yang harus bertanggungjawab atas pembantaian terhadap ratusan korban Kanjuruhan. Mereka antara lain termasuk para pemangku jabatan di PSSI, Kemenpora, Pemerintah Daerah terkait, pihak keamanan seperti Polri dan TNI, pihak ketiga yang diberi tugas sebagai pelaksana teknis seperti PT. Liga Indonesia Baru (PT. LIB) dan Panitia Pelaksana (Panpel). Untuk menilai siapa pihak atau lembaga yang paling harus bertanggungjawab, perlu dilakukan penyelidikan mendalam komprehensif guna menemukan kategori pelanggaran yang terjadi, yakni apakah hanya kecelakaan biasa, pelanggaran HAM atau pelanggaran HAM Berat.

Sejumlah lembaga/aktivis HAM dan kemanusiaan telah mengindikasikan dan menilai bahwa tragedi Kanjuruhan masuk kategori pelanggaran HAM Berat, sesuai ketentuan Pasal 7 dan Pasal 9 UU No.26/2000 tentang Pengadilan HAM. Hal ini dapat ditelusuri dari adanya tindakan yang sistematis mulai dari persiapan, perintah mobilisasi aparat ke dalam stadion yang membawa senjata termasuk gas air mata, hingga dilakukannya penembakan gas air mata. Polisi bersenjata datang karena dimobilisasi sesuai perintah dan garis komando.Terdapat unsur kesengajaan, keserentakan dalam menembakkan gas air mata yang diyakini ada unsur komandonya.

Karena masuk kategori pelanggaran HAM Berat maka penyelidikan harus dilakukan secara menyeluruh oleh Tim Independen Komprehensif (TIK) dengan melibatkan berbagai unsur yang mewakili semua pihak terkait dan relevan, termasuk yang mewakili keluarga korban, akademisi, LSM, pakar berbagai disiplin ilmu terkait, aktivis HAM dan lain-lain. Mereka harus diberi wewenang bekerja secara independen, bebas dari intervensi pemerintah, lembaga penegak hukum, PSSI dan LIB.

Pemerintah memang sudah membentuk TGIPF yang dipimpin Menko Polhukam Mahfud MD. Namun TGIPF bukanlah tim yang mewakili seluruh pihak terkait, terutama korban dan keluarga korban. Meskipun menyandang nama independen, TGIPF adalah tim yang dibentuk penguasa, yang dinilai belum dan tak mampu bekerja secara independen. Diyakini, TGIPF dibentuk dan bekerja sesuai kepentingan pemerintah, termasuk guna melindungi atau mengamankan berbagai pihak yang seharusnya bertanggungjawan dan harus diproses secara hukum.

Jika Tim Independen Komprehensif tidak segera dibentuk, maka dikhawatirkan pembantaian Kanjuruhan tidak akan diproses sesuai hukum dan rasa keadilan. Proses hukumnya akan dipendam dan direkayasa jauh dari rasa keadilan, seperti terjadi pada kasus pembantaian lebih dari 800 petugas KPPS Pemilu 2019, pembantaian 10 demonstran di depan Bawaslu Mei 2019, dan pelanggaran HAM Berat terhadap 6 pengawal HRS pada Desember 2020.

Prinsipnya, kalau menyangkut penyelewengan dan pelanggaran oleh aparat negara, rasanya rakyat yang umumnya tidak berdaya, memang tidak perlu berharap banyak untuk tegaknya hukum dan keadilan. Mau berharap kepada siapa? Bahkan mayoritas wakil-wakli rakyat pun, dalam kasus-kasus pembunuhan ratusan petugas KPPS, pembantaian demonstran di depan Bawaslu dan pembantaian 6 pengawal HRS, hampir tak terdengar suaranya. Dalam hal ini, permohonan TP3 untuk menyampaikan aspirasi tidak pernah digubris Pimpinan DPR.

Jika kondisinya sudah demikian, tidak ada cara lain, bahwa rakyat bersama para aktivis HAM dan kemanusiaan, LSM-LSM, pimpinan ormas dan tokoh-tokoh masyarakat harus bersatu melakukan advokasi. Hal seperti inilah yang selama ini kami dari TP3 dan UI Watch telah dan akan terus lakukan. Untuk itu, kami mengajak teman dan sahabat seperjuangan untuk bergabung. Dengan begitu, minimal tanggungjawab moral sebagai sesama anak bangsa telah ditunaikan.

Adakah kemungkinan bahwa Satgasus terlibat dalam pelanggaran sistemik berstatus HAM Berat dalam tragedi pembantaian lebih dari 130 orang di Stadion Kanjuruhan? Apakah kita layak berharap kepada TGIPF, yang pada dasarnya tidak independen karena pimpinan dan anggotanya didominasi oleh pejabat-pejabat pemerintah? Sementara itu, di sisi lain, kesewenangan wenangan aparat keamanan, sebagaimana diperankan Satgasus Merah Putih sudah biasa terjadi. Rekayasa kasus, perusakan dan penghilangan barang bukti merupakan tindakan yang sering terjadi dan tidak pernah diusut.

Selama beberapa tahun terakhir, belajar dari sejumlah kasus kekerasan yang jamak dilakukan Polri sebelumnya, tampaknya pembantaian Kanjuruhan menjadi “legitimate” dan terpaksa diterima rakyat. Aparat negara yang diduga sebagai pelaku pelanggaran HAM berat demikian berkuasa dan tampaknya hampir tak pernah dipersoalkan Pemerintah. Kapoda Jatim yang wajar dimintai pertanggungjawaban, hanya dimutasi ke Polri Pusat. Jika kita hanya diam dan tidak peduli, maka kesewenangwenangan akan terus berlangsung, seakan berjalan pada jalur bebas hambatan. Jika ini terjadi, tragedi biadab yang tak berprikemanusiaan tersebut kelak akan kembali berlangsung dan bisa saja menimpa kita dan keluarga kita.

Merujuk pendapat bebagai kalangan, TP3 meyakini, dari berbagai pihak/lembaga yang pihak yang terlibat, maka yang dituntut paling bertanggungjawab adalah Polri, terutama Kapolda Jatim. Kapolda Jatim bersama Kapolda Jaya dan Kapolda Sumut merupakan anggota Satgasus Merah Putih Polri yang dipimpim Ferdy Sambo. Sedangkan Satgasus Merah Putih adalah “Tim Elite” Polri yang dibentuk oleh Mantan Kapolri Tito Karnavian atas restu Presiden Jokowi. Karena itu, di samping Kapolda Jatim, bisa saja rakyat menuntut Presiden Jokowi ikut bertanggungjawab, terutama jika pembantaian Kanjuruhan dikategorikan sebagai pelanggaran HAM Berat. []

Jakarta, 13 Oktober 2022.

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