Kerdilnya HAM dalam Pemilu

1710
Ketua KPU Arief Budiman (kiri) bersama pasangan capres-cawapres nomor urut 01 Joko Widodo (kedua kiri) dan Ma'ruf Amin (kedua kanan) serta pasangan nomor urut 02 Prabowo Subianto (tengah) dan Sandiaga Uno (kanan) bersiap mengikuti debat pertama Pilpres 2019, di Hotel Bidakara, Jakarta, Kamis (17/1/2019). Debat tersebut mengangkat tema Hukum, HAM, Korupsi, dan Terorisme. ANTARA FOTO/Sigid Kurniawan/foc.

Beritagar.id Undang Undang Dasar 1945 yang telah diamandemen pasca kejatuhan Orde Baru adalah konstitusi yang humanis dan pro terhadap Hak Asasi Manusia (HAM). Pasal tentang HAM terbilang paling banyak, dari Pasal 28A hingga 28J.

Konsep HAM sendiri dewasa ini juga telah berkembang pesat. Namun, entah mengapa di mata calon pemimpin bangsa, Jokowi dan Prabowo, HAM sedemikian kerdil. Paling tidak, demikian yang tergambar dalam debat pertama capres-cawapres 2019 bertemakan HAM.

Nanti dulu bicara tidak tuntasnya kasus pelanggaran HAM berat seperti kasus Munir, Marsinah, dan Widji Thukul. Negara sudah lama loyo untuk menggali dan menjaminkan kepada publik bahwa pelanggaran HAM di masa lampau tidak akan lagi terjadi. Aksi kamisan, di mana mereka yang peduli terhadap nasib HAM di negeri ini melakukan protes damai, seolah hanyalah teater tak bernyawa.

Sepanjang empat tahun Jokowi memerintah, ada beberapa pelanggaran HAM. Yang melakukan barangkali oknum. Kalau dilaporkan mungkin bisa diproses.

Namun, negara lewat penguasa eksekutif tertinggi harusnya dapat meyakinkan publik bahwa keamanan hidup berlandaskan hak asasi itu nyata adanya, bukan soal lapor dan lapor.

Ironisnya, Prabowo tidak sedikitpun berani mengkritik kinerja perlindungan HAM di masa Jokowi. Entah mungkin karena takut akan ditodong pertanyaan sejenis.

Bukan berarti debat kemarin sama sekali tidak bicara HAM. Beberapa di antaranya misalnya bicara soal penyelarasan penegakan hukum dan perlindungan hak asasi.

Dalam kasus terorisme misalnya, Ma’ruf Amin memberikan jawaban brilian untuk mencegah terorisme dengan pendekatan humanis religius. Ada juga disinggung hak bagi penyandang difabel di ranah publik. Paling tidak itu dibahas karena ditanyakan.

Bagaimana yang tidak ditanyakan? Dalam pemaparan visi dan misinya, kedua paslon tidak secara kuat menjanjikan kepada masyarakat bahwa mereka adalah pejuang HAM.

Hanya Sandi yang masih freshdan mungkin adalah yang paling tidak terbebani soal HAM di antara keempatnya yang berani idealis, bahwa perlindungan HAM adalah prioritas mereka. Namun, kita patut curiga apakah ini normatif tanpa persiapan langkah konkrit untuk mewujudkannya.

Itu baru dari yang dituturkan. Kalau dilihat lagi visi dan misi tertulis dari kedua paslon, masih tersisa sedikit pesimisme: mau di bawa kemana HAM di Indonesia?

Prabowo mencantumkan kata “HAM” dalam misinya nomor tiga, yaitu untuk membangun keadilan dan HAM. Namun, perlu dicatat, itu adalah visi dan misi yang telah direvisi beberapa hari menjelang debat pertama.

Sebelum direvisi, Prabowo-Sandi bahkan satupun tidak mencantumkan kata HAM baik dalam pilar maupun program aksi yang mereka tawarkan. Mengapa mendadak HAM?

Sedangkan Jokowi-Ma’ruf tidak mencantumkan kata “HAM” dalam salah satu dari sembilan misi mereka. Namun, dalam program aksinya ada beberapa perlindungan HAM yang ditawarkan seperti memuat materi HAM dalam kurikulum pendidikan dan mengusut pelanggaran HAM berat di masa lampau.

Pengusutan itu bagi sebagian pihak mungkin retoris, tetapi paling tidak hal itu tercantum sebagai janji politik yang dapat dipertanggungjawabkan di hadapan rakyat. Pun kalau itu normatif, Prabowo-Sandi jauh lebih main aman lagi, dengan hanya mengatakan secara umum akan melindungi HAM seluruh warga negara. Caranya bagaimana dan ukurannya seperti apa, entahlah.

Bukan berarti Prabowo-Sandi tidak punya keinginan untuk mengusut pelanggaran HAM berat, tetapi kalau perlindungan HAM hanya dinyatakan secara umum, ini bisa mengerdilkan HAM itu sendiri. Mengapa?

Pertama, HAM tidak selamanya dipahami bersifat universal. Secara konseptual, ada perdebatan apakah HAM melekat pada seluruh manusia, atau hanya manusia tertentu.

Ukuran HAM sekuler dan religius pun terkadang berseberangan. Belum lagi ukuran HAM bagi negara sebagai pemegang sah hak untuk mengerahkan kekerasan, dengan ukuran di mata kelompok marjinal seperti masyarakat adat.

Karena HAM bersifat universal hanya bagi pemeluknya, maka patut ditanyakan sejauh mana kedua capres kita ini mengimani universalitas HAM tersebut.

Kedua, menyatakan HAM secara umum hanya akan mereduksi makna dan aspeknya yang luas. Hal paling mendasar darinya adalah hak untuk hidup sebagai manusia. Namun, hak asasi ini kemudian dipecah lagi seperti hak berpolitik, berserikat, dan bekerja.

Di samping itu juga tercakup hak ekonomi seperti hak-hak bagi para pekerja, petani, dan masyarakat adat. Yang penting untuk tidak dilupakan adalah hak perempuan dan anak.

Kedua paslon sudah berusaha mengikutsertakan beberapa hak tersebut dalam program mereka, tetapi ini belum memuaskan karena secara umum masih bersifat retoris.

Bahkan, khusus untuk hak perempuan, tampaknya Prabowo-Sandi kelupaan untuk mengetengahkan hal ini dengan lebih serius. Dalam visi misi mereka yang belum direvisi, tidak satupun terdapat kata perempuan maupun gender. Tentu, dapat dibayangkan pemerintahan mereka nantinya berpotensi bias gender, seperti bagaimana Prabowo keceplosan mendiskreditkan kinerja menteri perempuan.

Dalam visi misi yang direvisi, ada porsi seadanya untuk sekadar mengatakan mereka peduli terhadap perempuan. Caranya bagaimana? Kita tunggu saja.

Sedangkan program kerja Jokowi-Ma’ruf sedari semula sudah menegaskan akan menguatkan kesetaraan gender dan pemberdayaan perempuan. Ada keinginan kuat untuk menjadikan perempuan sebagai salah satu penopang keberlangsungan politik, ekonomi, kesehatan, dan sosial bangsa lewat program yang dapat diukur.

Ini angin segar bagi Jokowi-Ma’ruf, tetapi belum tentu tidak bisa pula dilakukan oleh Prabowo-Sandi ke depannya, apabila terpilih. Yang jelas, siapapun yang terpilih nantinya, dalam perspektif HAM, haruslah pasangan yang tidak hanya sedari awal berkomitmen terhadap perlindungan HAM dan turunannya, tetapi juga mampu melaksanakan janji humanis mereka.

Naldo Helmys, alumnus Kelas Pascasarjana Perspektif Kritis HAM, University of Glasgow, Skotlandia

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