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Ini Kata Adv. Djudju Puwantoro: Video Viral Kedatangan 49 TKA Asal China dan Reaktifnya Polda Sultra

Legal Opinion: Adv. Djudju Puwantoro
Sekjend IKAMI (IKatan Advokat Muslim Indonesia)

Beberapa hari terakhir, di tengah merebaknya wabah Corona, Media sosial dan jagat pertiwi di hebohkan dengan adanya kedatangan tenaga kerja asing (TKA) asal China sebanyak 49 orang di Sulawesi Tenggara (Sultra), Minggu 15 Maret 2020.

Peristiwa tersebut menjadi heboh, karena sempat direkam melalui video dan ditayangkan melalui medsos, oleh seseorang _Hardiono (39)_, warga Desa Onewila, Kecamatan Ranomeeto, Kabupaten Konawe Selatan (Konsel).

Adv. Djudju Puwantoro

Tekait peristiwa itu, perlu saya sampaikan Pendapat hukum (legal opinion) antara lain;

– bahwa apa yg dilakukan Hardiono, yaitu secara spontan melakukan rekaman videonya adalah menceritakan kejadian yang ia lihat, alami dan itu merupakan fakta ;

– tindakan tersebut secara terang benderang bukanlah ditujukan dengan maksud pencemaran kepada pihak lainnya, juga tidak dimaksudkan untuk meresahkan publik, karena niat dan perbuatannya adalah untuk memberikan informasi demi kebaikan dan kepentingan umum ;

– tindakan tersebut, jika mengacu _Pasal 310 Ayat 3 KUHP_ yang berbunyi _”tidak merupakan pencemaran atau pencemaran tertulis jika perbuatan jelas dilakukan demi kepentingan umum”_ ;

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– seandainya perbuatan tersebut juga dikaitkan dengan berita yang sudah beredar (distribusikan) dan/atau transmisikan sehingga dapat diaksesnya informasi elektronik melalui medsos, maka jika mengacu _pasal 27 UU ITE No.19/2016_, tentunya tidak dimaksudkan atau memiliki muatan penghinaan dan/atau pencemaran nama baik, atau melanggar kesusilaan.

Dalam praktek, memang pasal tentang pencemaran nama baik yang disangkakan melalui media elektronik/medsos, seringkali disebut _’pasal karet:’_, karena juga merupakan delik aduan. Penerapannya banyak menelan korban, dan tergantung juga bagaimana subyektifitas pihak penyidik menafsirkan dan menegakkan norma tersebut. Sebagai contoh kasus tersebut, bagaimana reaktifnya pihak Polda Sultra, dengan cepat merespond dan memproses, walaupun akhirnya juga dibatalkan (revisi) kembali.

Dilansir dari media inikatasultra, Teka-teki perihal kebenaran status 49 orang warga negara (WN) Tiongkok yang masuk ke Sulawesi Tenggara (Sultra) pada Minggu (15/3) ternyata adalah orang Tiongkok yang baru masuk ke Indonesia, bukan Tenaga Kerja Asing (TKA) yang telah lama bekerja yang melakukan perpanjangan visa dan izin bekerja di Jakarta seperti keterangan Kapolda Sultra, Brigjen Pol Merdisyam.

“Orang baru dari China, provinsi Henan, bukan habis dari Jakarta memperpanjang visa atau izin kerja,” kata Kepala Kantor Wilayah Kemenkumham RI Sulawesi Tenggara, Sofyan saat jumpa wartawan Senin (16/3) petang.

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Hal ini tentu sangat berbeda dengan pernyataan Kapolda Sultra yang mengatakan para WN itu merupakan TKA lama yang pergi ke Jakarta untuk memperpanjang visa dan izin kerja.

“Kantor Imigrasi membenarkan bahwa pada tanggal 15 Maret 2020 pukul 20.00 Wita sebanyak 49 Warga Negara Tiongkok datang ke Kendari dari Jakarta menggunakan maskapai Garuda Indonesia dengan kode penerbangan GA-696,”bebernya.

Masih Kata Sofyan, para WN Tiongkok itu masuk ke Indonesia melalui Bangkok, Thailand.

“Bahwa benar Warga Negara Tiongkok tersebut keluar dari Thailand pada tanggal 15 Maret 2020 berdasarkan cap tanda keluar Imigrasi Thailand yang tertera pada paspor. Bahwa benar pada tanggal 15 Maret 2020 Warga Negara Tiongkok tersebut mendarat di Bandara Soekamo Hatta,” pungkasnya.(**)

CORPSNEWS – SOPHIE SUPRIATIN

Terbitkan Pada: 18 Maret 2020 by Corps News

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