Jurnalis Terancam Pidana Karena Berita, SAFEnet: Sengketa Pemberitaan Domain Dewan Pers

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idealoka.com – Karya jurnalistik beserta penulis (jurnalis) kembali terancam tindak pidana. Setelah ancaman pidana atas hasil kolaborasi investigasi sejumlah lembaga dan media dalam wadah Indonesialeaks yang menyeret Kapolri Jendral Tito Karnavian dalam dugaan suap, kini dua jurnalis juga terancam pidana karena karya jurnalistik atau berita.

Jurnalis media online serat.id, Zakki Amali, dan jurnalis tirto.id, Mawa Kresna, sedang menghadapi ancaman pidana akibat pemberitaan yang menyeret nama pejabat di lingkungan Kementerian Pendidikan dan Kebudayaan (Kemendikbud) dan Kementerian Riset, Teknologi, dan Pendidikan Tinggi (Kemenristekdikti) .

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Serat.id adalah media online yang dikelola Aliansi Jurnlis Independen (AJI) Semarang, Jawa Tengah. Zakki dilaporkan terkait beberapa berita investigasi dugaan plagiasi artikel ilmiah Rektor Universitas Negeri Semarang (Unnes) Fathur Rokhman. Melalui Humas Unnes yang juga ditunjuk sebagai kuasa hukum, Fatkhur melaporkan Zakki ke Polda Jawa Tengah dan sudah dua kali menerima surat panggilan pemeriksaan.

Dalam artikel investigasi yang ditulis Zakki Amali, Fathur diduga menjiplak artikel berjudul “Pemakaian Kode Bahasa dalam Interaksi Sosial Santri dan Implikasinya bagi Rekayasa Bahasa Indonesia: Kajian Sosiolinguistik di Pesantren Banyumas” yang terbit dalam prasidang Konferensi Linguistik Tahunan Atma Jaya (Kolita) 1 Universitas Katolik Atma Jaya Jakarta tahun 2003. Naskah itu sama persis dengan makalah “Kode Bahasa dalam Interaksi Sosial Santri: Kajian Sosiolinguistik di Pesantren Banyumas” karya Rektor Unnes Prof Fathur Rokhman yang terbit di jurnal Penelitian Bahasa, Sastra dan Pengajarannya (Litera) Universitas Negeri Yogyakarta Volume 3, Nomor 1, Tahun 2004.

Sedangka Mawa dilaporkan Staf Khusus Menristekdikti Abdul Wahid Maktub terkait berita https://tirto.id/sindikat-jual-beli-ijazah-bodong-di-kemenristekdikti-dalz.

Terhadap kasus yang dihadapi Zakki, Southeast Asia Freedom of Expression Network (SAFEnet) sebagai organisasi yang berjuang melindungi hak-hak digital warga di Asia Tenggara berpandangan telah terjadi ancaman terhadap hak berekspresi Zakki.

“Yang terjadi pada Zakki Amali membuktikan sekali lagi bagaimana ekspresi yang sah kembali mendapat ancaman dan bahkan dikriminalisasi dengan alasan pencemaran nama baik,” kata relawan SAFEnet, Bimo Fundrika, dalam rilis yang diterima 26 November 2018.

Padahal hak berekspresi Zakki sebagai warga negara Indonesia sepenuhnya dijamin dan dilindungi oleh negara Indonesia dalam konstitusi UUD 1945 dalam Pasal 28 E ayat (2), Pasal 28 E ayat (3), Pasal 28 F, dan Pasal 28 I UUD 1945. Selain menjadi hak konstitusional, kebebasan berpendapat juga dapat ditemui dalam berbagai peraturan perundang-undangan yang lain seperti dalam Pasal 14, 19, 20, dan 21 Tap MPR RI No XVII/MPR/1998 tentang Hak Asasi Manusia; Pasal 14, Pasal 23 ayat (2), dan Pasal 25 UU No 39 Tahun 1999 tentang Hak Asasi Manusia; Pasal 19 Kovenan Internasional Hak Sipil dan Politik (UU No 12 Tahun 2005).

“Pengancaman pidana atas tulisan investigasi yang ditulis oleh Zakki Amali dengan menggunakan pasal defamasi dalam UU ITE jelas merupakan upaya intimidasi dan kesalahan besar karena perbuatan Zakki dalam melakukan investigasi dan menuliskannya jelas tidak dapat dipidana dan justru dilindungi oleh hukum Indonesia,” kata Bimo.

Dalam pasal 310 KUHP ayat (3) disebut perkecualian tindakan yang tidak dapat dipidana pencemaran nama baik. Bunyi pasal 310 ayat (3): “Tidak merupakan pencemaran atau pencemaran tertulis, jika perbuatan jelas dilakukan demi kepentingan umum atau karena terpaksa untuk membela diri.”

Selain itu, sebagai jurnalis, Zakki memiliki hak melakukan investigasi, apalagi ia melakukannya sesuai dengan azas dan kaidah jurnalistik, dan memberitakan hasil investigasi tersebut demi kepentingan publik. Maka yang dilakukannya bukanlah suatu niat jahat (_mens rea_) untuk mencemarkan nama baik seseorang, melainkan demi kemuliaan dari institusi pendidikan tinggi di Indonesia dari praktik plagiasi.

“Kasus pada Zakki Amali juga menunjukkan betapa lenturnya UU ITE karena bisa digunakan untuk semua kasus di dunia daring meskipun media yang dipersoalkan adalah media jurnalistik, sesuatu yang sebenarnya telah diatur oleh UU Pers Nomor 40 Tahun 1999,” ujar sekretaris SAFEnet Anton Muhajir.

Anton menambahkan dalam penyelesaian sengketa isi pemberitaan, selama ini Dewan Pers dilibatkan sebagai mediator. “Polda Jateng harus melimpahkan perkara ini ke Dewan Pers sesuai Nota Kesepahaman antara Kapolri dan Dewan Pers,” katanya.

Oleh karena itu, SAFEnet menilai Zakki Amali perlu mendapat perlindungan dari upaya kriminalisasi yang kini dihadapinya. Atas dasar pertimbangan tersebut, SAFEnet meminta :

1. Pemerintah Indonesia melalui Kementerian Komunikasi dan Informasi/Kemkominfo segera menyatakan kasus ini tidak perlu dilanjutkan karena tidak ada unsur pidana defamasi yang dilakukan Zakki Amali.

2. Kepolisian Daerah Jawa Tengah menghentikan penyelidikan/penyidikan atas Zakki Amali karena tuduhan pencemaran nama baik tidak dapat diterapkan pada kasus ini sebagaimana tercantum pada pasal pengecualian 310 ayat (3) KUHP. Polda Jawa Tengah harus mengacu kepada UU Pers Nomor 40 tahun 1999, bukannya menggunakan UU ITE dalam kasus ini. Hal ini karena ekspresi Zakki Amali melalui media serat.id adalah sebuah karya jurnalistik. Dengan demikian, Polda Jawa Tengah harus melimpahkan perkara Zakki Amali ke Dewan Pers sesuai Nota Kesepahaman antara Kapolri dan Dewan Pers.

3. Komnas HAM segera memberikan perlindungan bagi Zakki Amali karena dugaan adanya pelanggaran hak berpendapat yang dilindungi dalam Pasal 14, 19, 20, dan 21 Tap MPR RI No XVII/MPR/1998 tentang Hak Asasi Manusia; Pasal 14, Pasal 23 ayat (2), dan Pasal 25 UU No 39 Tahun 1999 tentang Hak Asasi Manusia; Pasal 19 Kovenan Internasional Hak Sipil dan Politik (UU No 12 Tahun 2005).

4. Organisasi masyarakat sipil di kota Semarang dan di seluruh Indonesia untuk segera bersatu memberikan dukungan dan bantuan yang diperlukan oleh Zakki Amali agar hak berpendapatnya tidak dilanggar, serta bersama-sama mendudukkan persoalan ini pada isu utamanya, yaitu kegiatan intimidasi untuk menutupi dugaan tindakan plagiasi yang diduga dilakukan oleh Rektor Unnes Fathur Rokhman. (*)

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