Pemerintah Dapat Digugat ke Pengadilan atas Larangan Penggunaan Sarana Publik untuk Shalat Idul Fitri

MUSTANIR.netBerdasarkan informasi dari website kantor berita yang memberitakan bahwa Muhammadiyah mengalami kesulitan dalam penggunaan fasilitas publik untuk shalat Idul Fitri.

Berkaitan dengan hal tersebut di atas saya akan memberikan pendapat hukum (legal opini) sebagai berikut:

Pertama, bahwa LBH Pelita Umat mengecam segala bentuk penolakan negara dan pemerintah daerah dengan alasan apa pun untuk memberikan izin penggunaan fasilitas publik, seperti masjid agung dan lapangan atau alun-alun kota, bagi penyelenggaraan shalat Idul Fitri, Idul Adha, kajian dan kegiatan masyarakat lainnya, serta mendorong seluruh unsur pemerintah dan organisasi keislaman serta seluruh elemen bangsa Indonesia, di tingkat pusat maupun daerah, untuk menjadikan perbedaan penetapan waktu Hari Raya Idul Fitri 1444 H/tahun 2023 sebagai momentum untuk menghargai perbedaan pendapat;

Ke dua, bahwa pejabat publik sepatutnya menaungi semua kelompok keagamaan meskipun kelompok tersebut berbeda dengan pejabat tersebut. Jika sebaliknya maka negara dapat dianggap telah mensponsori kebencian antar sesama warga dan akan menimbulkan upaya “balas dendam” kepada kelompok lain. Semestinya pemerintah tidak melakukan indelingbelust yaitu mendefinisikan, pengkotak-kotakan yang semuanya dilakukan menurut tafsir pemegang kekuasaan;

Ke tiga, bahwa pelarangan apa pun bentuknya terhadap masyarakat yang ingin menjalankan ibadah adalah pelanggaran terhadap konstitusi, yang dapat membawa dampak kepada pejabat tersebut untuk dipersoalkan secara hukum di pengadilan atas dasar perbuatan melawan hukum (onrechtmatige overheidsdaad);

Ke empat, bahwa LBH Pelita Umat bersedia membantu Muhammadiyah jika diperlukan untuk mempermudah jalannya pelaksanaan shalat Idul Fitri.

Demikian. []

Sumber: Chandra Purna Irawan, SH, MH

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