Hukum

Tangani Pelanggaran UU ITE, Kapolri Minta Jajarannya Kedepankan Upaya Mediasi

JBM.co.id, Jakarta – Terobosan baru dilakukan oleh Kapolri Jenderal Listyo Sigit Prabowo dalam menangani pelanggaran Undang-Undang Informasi dan Transaksi Elektronik (ITE).

Terkait penanganan pelanggaran UU ITE, Kapolri meminta jajarannya mengedepankan upaya mediasi agar tidak berpotensi menimbulkan konflik horizontal.

Kapolri Jenderal Listyo Sigit Prabowo menyampaikan hal itu dalam Rapat Pimpinan (Rapim) Polri 2021 di Polri, Jakarta, Selasa (16/2/2021).

”Bila perlu kalau memang tidak berpotensi menimbulkan konflik horizontal, enggak perlu ditahan, proses mediasi,” kata Kapolri,dikutip strateginews.co dari ANTARA.

Dia mencontohkan kasus dugaan pelanggaran UU ITE yang tidak berpotensi menimbulkan konflik horizontal itu seperti kasus pencemaran nama baik.

“Yang sifatnya pencemaran nama baik, lalu hal yang masih bisa diberikan edukasi, laksanakan edukasi dengan baik,” katanya.

Sebaliknya, Sigit juga menekankan anggotanya agar segera mengusut tuntas kasus pelanggaran UU ITE yang berpotensi menimbulkan konflik horizontal.

Contohnya seperti kasus dugaan rasisme yang dilakukan oleh tersangka Ambroncius Nababan terhadap mantan anggota Komnas HAM Natalius Pigai.

“Misalnya isu tentang Pigai kemudian muncul reaksi mereka bergerak, yang seperti itu tentu harus diproses tuntas,” kata mantan Kabareskrim Polri itu.

Sebelumnya, Kapolri Listyo Sigit Prabowo berjanji Polri akan selektif dalam menerapkan UU ITE dalam menangani suatu kasus untuk menghindari upaya saling lapor menggunakan pasal karet.

“Dalam rangka untuk menjaga agar penggunaan pasal-pasal yang dianggap pasal karet di dalam UU ITE yang ini tentunya berpotensi untuk kemudian digunakan untuk melaporkan atau saling lapor atau lebih dikenal dengan istilah mengkriminalisasikan dengan UU ITE ini bisa ditekan dan dikendalikan,” katanya.

Sigit mengatakan, pihaknya akan lebih mengedepankan edukasi dan upaya persuasif dengan langkah-langkah yang bersifat restorative justice sehingga penggunaan ruang siber dan digital bisa berjalan dengan baik.

Sigit menyebut pihaknya ingin mengawal proses penegakan hukum dengan memperhatikan hak asasi manusia (HAM).

Pertimbangkan prinsip keadilan

Menurut pandangan Wakil Ketua DPR Azis, saat ini UU ITE sudah banyak dijadikan alat untuk saling lapor terhadap pihak yang berseberangan, bahkan kata dia, masalah sepele yang terjadi di media sosial, juga bergulir ke ranah hukum

Azis berharap, UU ITE bisa lebih mempertimbangkan prinsip keadilan, sehingga tidak ada lagi pasal karet yang mudah ditafsirkan, yang berujung saling lapor.

“Hal itu untuk tetap menjaga demokrasi agar tetap berjalan sesuai harapan dalam menyampaikan kebebasan berpendapat,” tutur dia.

Azis juga mengaku, sudah jenuh dengan pasal-pasal yang digunakan dalam UU ITE untuk saling melapor.

“Kita sudah jenuh dengan pencemaran nama baik dan penghinaan, itu saja yang kerap kita dengar jika terjadi pelaporan mengatasnamakan UU ITE ribut di media sosial, itu saja yang dipakai seseorang untuk melaporkan ke pihak Kepolisian,” kata Wakil Ketua Umum Partai Golkar ini mengakhiri. (Red/Jbm)

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