Many Comments from BRIN Researchers Sounded a Threat to Muhammadiyah Members, This Said a Legal Expert at UM Surabaya

Polemic comments threatening Muhammadiyah members are currently circulating on social media, this began with the statement of the Research Professor of Astronomy and Astrophysics of the National Research Agency for Research and Innovation, Thomas Djamaluddin. The former head of the National Aeronautics and Space Institute (Lapan) assessed that Muhammadiyah had disobeyed the government regarding the determination of Eid 2023. "Eh, they still asked for facilities for the Id prayer area. The government also provided facilities," Thomas' status received a response from his staff known as BRIN astronomer Andi Pangerang Hasanuddin. Through AP Hasanuddin's account, he wrote his anger at Muhammadiyah's attitude by mentioning the account of Ahmad Fauzan S.

In this regard, a legal expert at the University of Muhammadiyah Surabaya (UM Surabaya) Satria Unggul Wicaksana gave a response, according to him in this case there were several points that needed serious attention and several points that needed to be addressed, namely:

First, according to Satria, the actions of Thomas and AP Hasanudin are clearly part of the threat to the diversity of religions and beliefs that have been guaranteed in Pancasila and the 1945 Constitution. Moreover, accompanied by death threats, this clearly caused societal turmoil which was so great for the disintegration of the nation.

"Second, stop various forms of narratives that contain issues of thuggery and are full of violence, because this is counterproductive to the idea of national unity and integrity," Satria said Tuesday (25/4/23)

Third, freedom of expression is regulated in the 1945 Constitution and the Civil and Political Covenant (ICCPR) which Indonesia ratified in Law No. 12 of 2005, but this freedom can be limited (derogable rights) in which the delivery of Thomas and AP Hasanudin clearly does not include protected freedom of expression. in the constitution and legal principles of human rights.

Fourth, the actions of Thomas and AP Hasanudin are in the category of hate speech on the basis of defamation on the basis of ethnicity, religion, race, and customs (SARA) which lead to certain individuals and community groups in accordance with Article 28 paragraph (2) of Law No.11 of the Year 2008 as amended in Law No. 19 of 2016, an explanation of the elements of the crime is also explained in the Joint Decree (SKB) of the Minister of Communication and Information with the Attorney General and the Police.

"So that hate speech that is carried out on Twitter fulfills this element," added Satria again.

Fifth, as a State Civil Apparatus (ASN), Thomas and AP Hasanudin's actions were certainly inappropriate, and violated the provisions and principles of ASN compliance.

"The imposition of sanctions must be processed in accordance with the internal provisions of the BRIN and the ASN Commission to impose disciplinary sanctions, which are categorized as serious violations," concluded Satria.