LBH Papua cabut kuasa dari korban kekerasan YD, usai korban pilih penyelesaian secara adat

Koordinator Koalisi Penegak Hukum Dan Ham Papua, Emanuel Gobai, – Bumiofinavandu./Dok LBH Papua.

“Pemerintah Provinsi Papua dan Masyarakat Papua Diharapkan Dapat Mendorong Penegakan Hukum Atas Tindakan Kekerasan Terhadap Perempuan Sebagai Bentuk Perlindungan Terhadap Perempuan Di Papua”

Nabire, Bumiofinavandu  –  Pada prinsipnya Lembaga Bantuan Hukum Papua memiliki komitmen untuk melindungi perempuan dan anak korban kekerasan dengan menggunakan hukum yang berlaku baik secara internasional dan nasional. Dengan prinsip itu, pada tanggal 1 November 2021 Lembaga Bantuan Hukum Papua menerima dan menandatangani Surat Kuasa Khusus dari korban dan keluarga Korban untuk mendampingi kasus kekerasan yang dilakukan oleh Bupati Dogiyai kepada Istri ke 5 di Nabire Papua  yang terjadi pada tanggal 28 Oktober 2021 yang telah dilaporkan pada pukul 19:30 Wit, tanggal 28 Oktober 2021 di Kepolisian Resort Nabire dan terdaftar dalam Surat Tanda Bukti Laporan Nomor : STBL/411/X/2021/PAPUA/RES. NBR. Untuk diketahui bahwa dalam Surat Tanda Bukti Laporan Nomor : STBL/411/X/2021/PAPUA/RES. NBR disebutkan bahwa tindak pidana yang terjadi adalah Tindak Pidana Penganiayaan sebagaimana diatur pada pasal 351 KUHP. Terlepas dari itu, berdasarkan faktanya karena tindakannya menggunakan pisau maka tentunya secara hukum masuk dalam temuan tindak pidana penyalahgunaan senjata tajam sebagaimana diatur pada Pasal 2, Undang Undang Darurat Nomor 12 Tahun 1951.

Bacaan Lainnya

Perlu diketahui bahwa niat Lembaga Bantuan hukum Papua mendampingi korban tindak pidana penganiayaan dan dugaan penyalahgunaan senjata tajam menggunakan hukum positif yang berlaku di Indonesia melalui Polres Nabire itu mendapatkan hambatan dalam perjalanannya akibat korban dan keluarga telah berniat untuk menyelesaikan persoalan tindak pidana penganiayaan dan dugaan penyalahgunaan senjata tajam menggunakan mekanisme adat sebagaimana termuat dalam Surat Undangan, Perihal Penyelesaian Masalah yang ditandatangani oleh Keluarga pada tanggal 16 November 2021 dengan tembusan ditujukan kepada Kapolres Nabire, Kepala Suku Biak, Kepala Suku Mee. Atas dasar surat undangan tersebut maka pada tanggal 16 November 2021 Lembaga Bantuan Hukum Papua meminta Korban untuk menandatangani Surat Pencabutan Kuasa yang didalamnya menyatakan bahwa Surat Kuasa Khusus yang ditandatangani oleh Korban dan Lembaga Bantuan Hukum Papua tertanggal 1 November 2021 tidak berlaku dan tidak dapat dipergunakan lagi.

Tindakan pencabutan Surat Kuasa Khusus yang dilakukan Lembaga Bantuan Hukum Papua diatas secara tegas berpatokan pada prinsip Lembaga Bantuan Hukum Papua memiliki komitmen untuk melindungi perempuan dan anak korban kekerasan dengan menggunakan hukum yang berlaku baik secara internasional dan nasional. Selain itu, mencoba mendorong terimplementasinya perintah ketentuan “Negara-negara Pihak harus mengambil tindakan-tindakan yang tepat Untuk mengubah pola-pola tingkah laku sosial dan budaya para laki-laki dan perempuan dengan maksud untuk mencapai penghapusan prasangka-prasangka dan kebiasaan-kebiasaan serta semua praktek lain yang berdasarkan atas pemikiran adanya inferioritas dan superioritas salah satu gender, atau berdasarkan pada peranan stereotip bagi laki-laki dan perempuan” sebagaimana diatur pada Pasal 5 huruf a, Undang-Undang Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi Terhadap Wanita.

Sekalipun Lembaga Bantuan Hukum Papua telah mencabut Surat Kuasa Khusus dari korban namun pada prinsipnya Lembaga Bantuan Hukum Papua menegaskan bahwa setiap orang tanpa memandang status, golongan, jabatan, agama, ras dan perbedaan apapun di muka bumi ini tidak memiliki hak untuk melakukan tindakan kekerasan dengan cara apapun kepada semua manusia khususnya perempuan sebab tindakan kekerasan adalah tindakan yang merendahkan harga diri manusia yang diberikan akal pikiran yang membedakannya dengan makhluk hidup lainnya. Atas dasar itulah pepatah hukum tentang homo homini lupus (manusia adalah serigala bagi manusia) dijadikan dasar filsafat dibentuknya hukum untuk melindungi manusia dari ancaman manusia adalah serigala bagi manusia lainnya.

Untuk diketahui bahwa tindakan kekerasan terhadap perempuan dengan cara memukul menggunakan tangan maupun dengan alat tajam berupa pisau, parang dan lain sebagainya merupakan tindakan pelanggaran hukum sebab telah ada aturan yang melarang siapapun melakukan tindakan kekerasan kepada Perempuan. Atas dasar itu, apabila yang terjadi adalah tindakan kekerasan yang dilakukan kepada perempuan yang statusnya belum menikah secara catatan sipil (termasuk nikah adat) maka yang akan berlaku adalah ketentuan dalam Kitab Undang-Undang Hukum Pidana (KUHP) serta aturan lainnya yang berkaitan dengan peristiwa hukum yang terjadi seperti dalam kasus tindakan penikaman maka yang akan berlaku adalah UU Darurat Nomor 12 Tahun 1951 serta apabila usia perempuan masih anak-anak (dibawah 18 Tahun) maka akan berlaku juga UU Nomor 35 Tahun 2014 tentang Perubahan UU Nomor 23 Tahun 2002 tentang Perlindungan Anak. Apabila yang terjadi adalah tindakan kekerasan terhadap perempuan yang statusnya telah menikah secara catatan sipil maka yang berlaku adalah ketentuan UU Nomor 23 tahun 2004 tentang Penghapusan Kekerasan dalam Rumah Tangga (UU PKDRT). Atas kedua fakta itu, secara hukum akan langsung akan ditambahkan dengan Undang Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi Terhadap Wanita. Berdasarkan pada uraian diatas maka ditugaskan kepada khalayak public bahwasannya persoalan kekerasan terhadap perempuan bukan menjadi persoalan dalam privat/keluarga namun menjadi persoalan public/umum yang wajib diproses secara hukum sesuai dengan ketentuan yang berlaku sebab tindakan kekerasan bukan sebagai delik aduan yang dapat dicabut kembali namun tindakan kekerasan adalah delik biasa yang apabila ada perdamaian maka fakta itu akan menjadi dasar pemaaf dalam putusan majelis hakim di Pengadilan. 

Berdasarkan uraian diatas serta berpegang pada ketentuan “Negara-negara Pihak harus mengambil tindakan-tindakan yang tepat Untuk mengubah pola-pola tingkah laku sosial dan budaya para laki-laki dan perempuan dengan maksud untuk mencapai penghapusan prasangka-prasangka dan kebiasaan-kebiasaan serta semua praktek lain yang berdasarkan atas pemikiran adanya inferioritas dan superioritas salah satu gender, atau berdasarkan pada peranan stereotip bagi laki-laki dan perempuan” sebagaimana diatur pada Pasal 5 huruf a, Undang-Undang Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi Terhadap Wanita maka Lembaga Bantuan Hukum Papua menegaskan kepada :

1.    Polda Papua segera perintahkan seluruh bawahannya yang berada di wilayah hukum Polda Papua untuk mengedepankan Peraturan Kapolri No. 8 Tahun 2009 tentang Implementasi Prinsip dan Standar HAM Dalam Penyelenggaraan Tugas Kepolisian Negara Republik Indonesia dalam Kasus tindakan Kekerasan Terhadap Perempuan yang telah dilaporkan ke Kantor Polisi;

2.    Ketua DPR segera menggunakan fungsi pengawasannya memastikan implementasi Undang-Undang Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi terhadap Wanita dalam kasus kekerasan terhadap perempuan yang ditangani  Polisi dalam wilayah hukum Pemerintah Provinsi Papua;

3.    Ketua MRP melalui Pokja Perempuan segera memastikan implementasi Undang-Undang Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi Terhadap Wanita dalam kasus kekerasan terhadap perempuan ditangani oleh Polisi di dalam wilayah hukum Pemerintah Provinsi Papua;

4.    Kepada Dinas Pemberdayaan Perempuan dan Anak Provinsi Papua segera  memastikan implementasi Undang-Undang Nomor 7 Tahun 1984 Tentang Pengesahan Konvensi Mengenai Penghapusan Segala Bentuk Diskriminasi Terhadap Wanita dalam kasus kekerasan terhadap perempuan ditangani oleh Polisi di dalam wilayah hukum Pemerintah Provinsi Papua;

5.    Masyarakat Papua diharapkan dapat melawan segala bentuk tindakan kekerasan terhadap perempuan di Papua dengan cara mendorong Polisi melakukan penegakan hukum atas semua kasus tindakan kekerasan terhadap perempuan di Papua.

Demikian siaran pers ini dibuat semoga dapat dipergunakan sebagaimana mestinya. Atas perhatiannya disampaikan terima kasih.(*)

Pers Realise Nomor : 025/SP-LBH-Papua/XI/2021 _ Jayapura, 19 November 2021. LEMBAGA BANTUAN HUKUM PAPUA

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