LEGAL AID FRONT (BANTUAN HUKUM FRONT)
Jakarta, 21 Jumaddil Awwal 1442H / 5 January 2021
Assalamualaikum Wr. Wb.
Best wishes and do’a that Allah SWT always bestow us His grace, blessings and guidance in our daily activities. Amin.
Various Acts of Terror on and Shooting of FPI (Islamic Defenders Front) Members
With regards to the shooting of six FPI paramilitary members guarding HRS’ (Habib Rizieq Shihab) family, it can be stated that this cannot be separated from the following matters:
- That this incident cannot be separated from the various acts of terror that constitute a violation of human rights, presumably conducted by the government towards its own citizens. It can also be stated among others that first, since HRS’ return to the homeland, there have been instances of “show of strength” by the Koopsus (Special Operations Command, A Special Forces unit formed based on Perpres, Presidential Regulation, 42/2019 by the President) that convoyed around Petamburan III which is the headquarters of DPP FPI (FPI’s Central Leadership Council) as well as in close proximity of HRS’ residence;
- The involvement of the TNI (The Indonesian National Armed Forces) via Pangdam Jaya (The Commander of The Jakarta Raya Military Regional Command) that “tagged along” in carrying works to bring down (FPI’s) billboards on the premise of maintaining orderliness. However, the fact is that only billboards portraying HRS were brought down in the whole of Jabodetabek (Greater Jakarta which includes Jakarta, Bogor, Depok, Tangerang, Bekasi). Subsequently, at the Monas (National Monument) during the assembly of military personnel for disaster preparedness whom “threatened” the disbandment of FPI and using other narratives to “terrorize” (“intimidate”). It is clear for us that based on Article 7 Law No 34/2004 pertaining the TNI that the duty of the TNI among others is Military Operations Other Than War, however this is based on THE COUNTRY’S POLICIES AND POLITICAL DECISIONS;
- The Kapolri (Chief of National Police) and Kapolda (Regional Chief of Police) were also “united” since early December 2020 with “threats” to crack down and “scrutinize” mass organizations that were accused of being “gangsters” and using the narrative that they threatened NKRI (the Unitary State of the Republic of Indonesia);
- Not only that, Polda Jawa (regional police of West Java) was allegedly involved in this matter by reporting and considering HRS a suspect in a criminal case involving a large-scale gathering in Megamendung, West Java;
- Lastly, BIN (the Indonesian State Intelligence Agency) that was allegedly involved in spying on HRS in Megamendung 2 days before the vile actions on 6 FPI paramilitary members on 7 December 2020. At that moment, 3 alleged members from BIN were caught conducting espionage using a sophisticated Drone and were found to possess allegedly official identifications from BIN. This is clearly a form of terror.
The aforementioned alleged chain of events is a form of terror experienced by HRS and FPI by parties, which is important to emphasize, are the ruler, protector and custodian of the community.
All this time, HRS and FPI have not only contributed on diverse issues related to humanitarian and disaster-relief assistance, but also on issues related to atrocities and injustice. This loud and shrill voice is thought to stifle several parties who felt “threatened” with HRS’ and FPI’s existence that are surely garnering the support from the community longing for justice and truth.
HRS and FPI have never courted war, therefore, what is the purpose of Koopsus challenge to war? In the billboards, HRS and FPI have always encourage good deeds and have never threatened and campaigns inciting chaos and damages. Therefore, why were the billboards brought down? HRS and FPI have never threatened NKRI in fact truly love NKRI. And is, hence critical so that NKRI continue to exist based on truth and justice, have never troubled nor took anarchist actions (Millions of people participated in the 411 and 212 demonstrations and to welcome HRS return. All of whom were orderly as commanded by HRS; that is a real fact). What is the purpose of labelling and accusing (FPI) of threatening diversity and NKRI? HRS and FPI are not fugitives; what is the purpose of (FPI) being stalked, watched and shot at?
Various Legal Discriminations including the Enforcement of a Law that is Unjust to HRS
In connection with the establishment of HRS as a suspect on the cases pertaining to large-scale gatherings at Megemendung and at Petamburan, the following can be conveyed:
- Various large-scale gatherings have occurred before and even after the large-scale gatherings at Megamendung and Petamburan have NEVER been acted on. Among which are the large-scale gathering to send Gibran (President Jokowi’s son) as a candidate for the position of Mayor Solo WAS SAFE (from prosecution), the large-scale gathering to send Eri Cahyadi as a candidate for the position of Mayor Surabaya WAS SAFE, large-scale gathering at the Magelang Marathon Race WAS SAFE, Banjarmasin’s Health Office’s large-scale gathering WAS SAFE, the large-scale gathering at Minahasa for the victory parade for the regional leader WAS SAFE, Banser’s (Multipurpose Ansor Front) large-scale red and white parade in Banyumas WAS SAFE, etc.
- Possibly the only one in the world where for a large-scale gathering, one is fined, convicted, detained and handcuffed occurred to HRS and in Indonesia EVEN THOUGH HRS WAS NOT PART OF THE COMMITTEE for the events in Petamburan and Megamendung;
- Our guess is that it is clear that the law was used as a political tool to silence parties that do not agree with those in power;
- Everyone proclaims the slogan Bhineka Tunggal Ika (Unity in Diversity), diverse yet united. HOWEVER, ARE NOT READY FOR DIFFERENCES IN OPINIONS WHICH IS ACTUALLY GUARANTEED BY UUD 1945 (the 1945 Constitution), WHICH IS ALSO NOT CONSISTENT WITH NATIONAL CONSENSUS.
Aksi 18-12-2020 (1812 Action)
The purpose of Aksi 1812 is to voice out truth and justice that has started to blur in this country. This action is very protected by UUD 1945. Article 28E paragraph (3) of the UUD 1945 clearly states: Every person shall HAVE THE RIGHT TO THE FREEDOM to associate, TO ASSEMBLE AND TO EXPRESS OPINIONS. Subsequently Article 5 and 7 of Law No. 9/1998 pertaining to Freedom of Expression of Opinions Publicly also firmly states: Citizens who express their opinions publicly HAVE THE RIGHT TO EXPRESS THEIR THOUGHT FREELY and IS PROTECTED BY LAW. Additionally, Article 7 of Law No. 9/1998 pertaining to Freedom of Expression of Opinions Publicly also firmly states: In expressing publicly by citizens, THE GOVERNMENT IS OBLIGATED AND RESPONSIBLE FOR: PROTECTING HUMAN RIGHTS, RESPECTING THE PRINCIPLE OF LEGALITY, RESPECTING THE PRESUMPTION OF INNOCENCE AND PROVIDING SAFEGUARDS. However, THE FACT IS THAT THIS PEACEFUL ACTION WAS UNILATERALLY DISBANDED AND BANNED. NOT ONLY THAT, THE COORDINATORS WERE ALSO CRIMINALLY CHARGED. This is clearly suspect of authoritarian measures AND is against the law, LAWS ARE TRAMPLED ON, DEMOCRACY HAS MASSIVELY DETERIORATED.
The Life of Democracy in Indonesia
Numerous aforementioned incidents are concrete forms that allegedly democracy is a mere slogan in Indonesia. Because the community’s voice, the people’s voice are silenced by law that is arbitrary and from a sense of justice. The law that are made to silence parties that do not agree with those in power, that are rampantly arbitrary with the law and arbitrary without the law as happened to the 6 martyrs guarding HRS who were allegedly slaughtered without legal process, subsequently were even deemed as suspects. This constitute tyranny that is extraordinary.
Regarding Moral Revolution
Moral Revolution is a massive change in moral issues. Previously, the five daily prayers are frequently missed, subsequently changing to never missing the five daily prayers. Previously, treacherous and changing to becoming trustworthy. Previously, frequently lying and changing to never lying and honest. Previously, oppressive and then becoming just. Great, right? Therefore, what is the problem? We suspect that the problem is that some of these parties developed a headache upon hearing the truth voiced by HRS and FPI without getting fair and objective treatment for what was conveyed.
Islamic Teachings, Do They Go Against the Pancasila (The Indonesian State Philosophy)?
The misleading narratives that state that Islam and its teachings go against the Pancasila. Those constitute thinking, statements and accusations that are stupid and is based solely on hatred against Muslims and Islamic teachings. It is clear that in the Pancasila, the first principle is THE BELIEF IN ALMIGHTY GOD, in Islam this is known as monotheism or almighty or one. Therefore, why would Muslims go against the Pancasila?? In fact, Muslims are at the forefront in defending the Pancasila. The Pancasila has always been undermined by Communist and Marxist teachings. Muslims are at the forefront together with followers of other religions, working together to eradicate communism. Therefore, the narratives that Muslims are against the Pancasila is a divide et impera (divide and rule) narrative, a colonialist’s narrative and a narrative of ignorance.
Will FPI Violently Retaliate in Response to the Violence Meted to HRS and FPI?
Regarding the use of violence to solve problems, it is not in FPI’s and HRS’ dictionary in such matters. WE PRIORITIZE CONSTITUTIONAL AND LEGAL EFFORTS FOR ALL THE TYRANNY AND INJUSTICE TOWARDS HRS AND FPI AS WELL AS MUSLIMS. Minimally, we will sue the perpetrators of tyranny particularly the slaughter of the 6 FPI paramilitary members in the afterlife, we pray that if they do not repent then we will pursue them even to hell to claim responsibility for this. We demand retributions in kind towards them in this world and the afterlife for their atrocities towards their own citizens who are innocent, their lives and their families’ lives will not be calm, God willing, because of their atrocities.
Regarding the Accusations that the Demonstrations were Supported by Extremists
We clearly see this as a shoddy intelligence operation aimed at deflecting the struggle to uphold amar makruf nahi munkar (enjoining what is right and forbidding what is wrong) in this Republic. We are more worried that such actions are supported by those who hate truth and justice, the immoral who often carry out slanderous propaganda by backing Islam and its teachings into a corner. Because in fact these extremists certainly originated from the slanders and manipulations to back Islam and its noble teachings into a corner.
The Attitudes of FPI after Disbandment
We take a simple and relaxed view towards the persistent and massive efforts of the supporters of evil and injustice against FPI. The steps are simple, namely, the immediate formation by the community and Muslims of a new forum to struggle for amar makruf nahi munkar that is called Front Persatuan Islam (Islamic Unity Front) by declaring and disseminating such information to every district so that it can be followed by the whole community of those who love and desire for amar makruf nahi munkar, the community of those who love and desire the enforcement of law that is just and not discriminative, the community of those who love and desire truth. Subsequently, we ignore the SKB (Joint Ministerial Decree) for the disbandment of the FPI by assuming and suspecting that the SKB is nothing more than just the dirt of civilization that does not need to be taken seriously and carefully. Currently, a new dynamic related to the Front Persatuan Islam has occurred which was recently declared, God willing, will be changed to Front Persaudaraan Islam (Islamic Brotherhood Front). By remaining clearly firm on voicing truth and justice, always at the forefront for humanity and kindness and providing resistance to injustice and arbitrariness. FPI will disband by itself if injustice and arbitrariness disappear from this Republic and the truth is upheld as fairly as possible. The 3 pillars of the Front Persaudaraan Islam are Humanity, Law & Human Rights and Education/proselytization.
Wassalam Wr Wb
AZIZ YANUAR P, S.H., M.M
Lawyer for the Front Persaudaraan Islam