HEADLINE Tahanan Rumah untuk Abu Bakar Baasyir, Kemanusiaan Vs Aturan

in family •  7 years ago  (edited)

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Stemeet.com-jakarta Armed with armed police, terrorism convicted Abu Bakar Baasyir came to Cipto Mangunkusumo Hospital (RSCM), Thursday, March 8, 2018, at 10:40.

He could not get down alone from the black car that drove him. The 79-year-old man had to be carried, before being seated in a wheelchair.

There was no customized organization individualized organization that Baasyir pronounced, he just smiled weakly at the journalist, then looked down.

Later Baashir went back and forth to the hospital. Her legs were swollen. There are also indications of heart problems and other internal ailments. His body quip increasingly shrinking.

During the examination at the RSCM yesterday, the doctor took blood and examined the tension of the leader and caretaker of Al-Mukmin Pesantren Ngruki, Sukoharjo, Central Java.

"If it is related to the problem of his foot is still black, bruises, there is also the name of the swelling that like the cyst is also still there," customized organization one of the lawyers Abu Bakar Baasyir, Guntur Fattahillah in RSCM.

Meanwhile, Mer-C physician Jose Rizal, who also accompanied him, said that although Baasyir's condition had begun to improve, doctors found new findings from blood checks. However, the details are still kept secret.

In the name of humanity, President Joko Widodo allowed Abu Bakar Baasyir to undergo an outpatient in Jakarta. He had been examined at Harapan Kita Hospital. And, starting Thursday, March 1, 2018 last week, the man who was born in 1938 was referred to the RSCM.

"Yes it's the human side that is also for everyone," Jokowi's individualized organization at the Presidential Palace, on Thursday March 1, 2018.

It's not just about Abu Bakar Baasyir's illness that is now the public's attention, but also about his status of detention.

The government attempted to move Baasyir's detention from Penitentiary Class III of Mount Sindur, Bogor, West Java to a place near his hometown in Klaten, Central Java.

In fact, President Jokowi threw up the idea of ​​house arrest for Abu Bakar Baasyir. However, the intention is constrained rules.

Earlier, Defense Minister Ryamizard Ryacudu said the house arrest option was considered because of the deteriorating health of convicts. For humanitarian reasons.

However, this option should still be considered by the Ministry of Law and Human Rights, must be adjusted with the existing rules.

Law and Human Rights Minister Yasonna Laoly said the house arrest option for Abu Bakar Baasyir could not be done simply. Therefore, the legal status is now a convict, no longer prisoners.

In the Criminal Procedure Code Article 1, the term "imprison" means a person convicted under a court decision that has obtained permanent legal force.

Abu Bakar Baasyir has been sentenced to 15 years in prison by the South Jakarta District Court in 2011, as proven to be a planner and funder for the training of armed groups in the Jantho mountains of Aceh in 2010.

Coordinating Minister for Political, Legal and Security Wiranto play on words said, Baasyir will still undergo a criminal confinement in a detention center or penitentiary. However, the location is not far from the residence of the Baashir family.

"We move it to a detention center or a correctional facility close to the house concerned, which is close to the hometown, yes," in Klaten, "customized structure Wiranto March 5, 2018.

According to him, this decision as directed by President Jokowi. Displacement of Ba'asyir prioritizes the humanitarian side, without disregarding the legal aspect. Because, in Article 22 paragraph 2 of the Criminal Procedure Code on detention, there is no mention of a prisoner's option to undergo a criminal sentence in the city or home.

"By considering it's already elderly, health has decreased.If close to the family is more comfortable more comfortable, more humane," explained Wiranto.

The transfer of Abu Bakar Ba'asyir also remained concerned with the security aspect. Wiranto does not want to spread the ideology that contradicts Pancasila following the removal.

"No then as freely in custody and can interact with whom play on words." There remains a rule, "said Wiranto.

Meanwhile, legal analyst Trisakti University Abdul Fickar Hajar said, the term prisoners only attached to people who are suspects or defendants and there has been no court decision that has the power of law remains.

When the defendant has been punished and the verdict has a permanent legal force or incracht, then the pretender is a prisoner.

The status of the defendant when held against him, then it is called a detention. This status of detention can be done in three ways.

First, detainees in state prisons or scattered prisons are usually in law enforcement places such as police, prosecutors, or in detention centers.

Second, city arrest, meaning a person's status is detained outside the prison, but can not get out of town and the third is house arrest, which means detained at home.

Whereas if the defendant has been punished with a decision that has been inkracht, then called a prisoner with a prison sentence.

"Baasyir is a prisoner, so it is impossible and can not be converted into house arrest." The possible one is to be imprisoned in the LP in the city where his family resides, making it easy to communicate and care, "he customized structure to

The family and lawyers refused if the convicted terrorist Abu Bakar Baasyir only moved from LP Gunung Sindur in Bogor to a penitentiary in Central Java.

His right hand, Hashim Abdullah said, Ba'asyir also did not want to move prison.

"He wants to remain in Sindur Prisons, unless purely free to return home," he customized structure to Stemeet.com

Hasyim added, Baasyir claimed to want to restore his health first and continue to keep preaching according to his ability.

"Currently the swelling in his legs has begun to decrease, but if walking feels painful," he added.

Meanwhile, Baashir's son, Abdul Rahim Baasyir asked his father to change his status to house arrest. "If the transfer to LP again better baseball should be moved, that's our attitude," he customized structure.

Rahim explains, if the request becomes house arrest is not granted by the government, the family agreed that Baasyir not be removed from Prisons of Mount Sindur.

"And that means our families are also disappointed with the attitude of the government, what we hope so far that the government can see humanity with his condition that the older, the older, and the sick condition, but that should be the attention not merely look at the legal conditions and stiff, "said Rahim.

Meanwhile, Legal Counsel Coordinator Abu Bakar Baasyir, Ahmad Michdan said, it never asks about Baasyir made house arrest.

"House arrest we never ask baseball, it was the initiation of the President and it was also a recommendation from the doctor" said Michdan at RSCM Salemba, Central Jakarta, Thursday (8/3/2018).

He explains, according to Bio-C surgeon Jose Rizal, Baasyir indeed should be close to the family in order to cure the disease.

"Doctor Jose for treatment therapy such as ustaz should be close to the family, it is long before the President initiates," he said.

Coordinating Minister Wiranto Polhukam still keep the location of prisons that will be occupied by the leader of Jamaah Anshorut Tauhid, Abu Bakar Baasyir. Reportedly Solo and Klaten became one of the goals Baesir removal.

"Patience, wait for the implementation," he said when met after giving a speech at the Television Analog Television to Digital Television at Crowne Hotel, Jalan Pemuda Semarang, Thursday, March 8, 2018, as quoted from Jawapos.

He also urged the public not to speculate whether later Baasyir status will be converted into house arrest or stay in prison cell prison cells. "Just wait," he said as he hurriedly left the scene.

Meanwhile, Djoni Priyatno, Head of the Correctional Division of Central Java's Ministry of Justice and Human Rights (Kemenkumham) said that his side has not received any instruction related to Baesir's removal.

Head of Class II B Klaten Budi Priyanto asks the Coordinating Minister Wiranto to consider the planned transfer of Abu Bakar Baasyir to Klaten. The reason, during this condition Lapas Klaten less representative for occupied by an inmate who is old and sick.

"We have not received orders directly from Kakanwil or DG of Correctional Affairs, and we say that Klaten Lapas is less representative to receive the ABB level," explained Budi, Thursday, March 8, 2018 as quoted from Jawapos.

Unrepresentative Klaten Prison, ranging from the completeness of facilities and infrastructure (Sarpras), human resources (HR), and also the existence of doctors.

Budi said, not only for Ba'asyir alone, even for the sick prisoners from the Polres and the Attorney his side tend to reject him. "Moreover, ABB is in elderly and sick condition and needs special attention," he said.

Budi said, in fact there are other prisons that are more feasible to accommodate Baasyir compared with Klaten Prison. Both in terms of Sarpras, human resources and in terms of territory.

"But the conditions in the field I have explained like that, but if orders from Kakanwil means all the risks that will happen he has (understand)," he said.

Budi hopes, with all these considerations could be an input for the government before appointing Lapas Klaten. "If a humanist speaks, it is not forced to do it under such conditions, but if the leadership command must be implemented," said Budi.

Observer of terrorism Al Chaedar said, Abu Bakar Baasyir figure has no influence in the world of terrorism. Baasyir is also considered harmless as before.

"Her influence is almost zero

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