Written statement
YPI Wira Tata Buana Indonesia
Special Consultative Status in ECOSOC the United Nations.

Background.

Everyone has the right to communicate their opinions and ideas and share information in any form. In human rights this is called freedom of expression, which prohibits the state and other people in society from censorship, although freedom of expression can be limited only for very serious reasons. As stated in the 1945 Constitution of the Republic of Indonesia, that one of the basic rights of an Indonesian citizen is the ability to express his thoughts orally and in writing in accordance with his conscience. This freedom of expression proves that Indonesia is a democratic country.

The Basic limitations then outlined in several laws, such as Public Law (UU No. 9 of 1998), Human Rights Law (UU No. 39 of 1999) and the Information and Electronic Transactions Law (UU No. 11 2008, as amended by Law No. 19 of 2016). However, there are a lots of politicization and criminalization which are carried out using the pretext of freedom of expression and the limitations set out in the Law, to put pressure on certain individuals and/or groups, unfortunately they used the community’s digital literates to manipulates their actions through social media, which has hundreds of millions of users in Indonesia, of course to give pressure that what they did was the truth. The things that sometimes make it difficult for the authorities, the polices, the prosecutors and of course judges to provide a sense of justice, in accordance with the mandate of the Constitution and the laws and regulations that have been established, and it even gives the impression that political messages are more meaningful than justice which must be upheld.

At least according to our observations, that's what happened to The Grand Chancellor of Alzaytun , the Islamic Boarding School. “The center of Education, Peace and tolerance culture development”, located in Indramayu , Western Java, which was formalized by the President of Indonesia Prof.Dr.. BJ Habibie in 1999.

Tolerance and intolerance competition;

The problem was started from the Eid al-Fitri prayer in 2023, where there was a woman (the wife of the Grand Chancellor who was disturbed by her health), then circulated and manipulated effectively and received a netizen's responses and then went viral, causing various negative reactions from those who had already ratified the leaders of Alzaytun Indonesia and Alzaytun itself as a formal education institution, have taught heresy, even though the Ministry of Religious Affairs under the leadership of Minister Surya Dharma Ali had conducted research and concluded that there was no misguidance, because the curriculum taught was sourced from the National curriculum.

Even the Grand Chancellor always motivated his students and community groups who sympathizes him, to always make Pancasila a way of life in the nation and state, and obey the 1945 constitution. But all of that does not make Jealousy loose, even increased, especially during the general election in Indonesia. Even more exciting, the accusations of being affiliated with the Islamic State of Indonesia (NII) have always been an alternative to the accusations of heresy that were broken by the research of the Ministry of Religious Affairs.

Finally culminated into a legal case, by looking for mistakes so that The Grand Chancellor of Alzaytun could be charged with article 156 A of the Criminal Law, which is related to "Blasphemy". And the Law on ICT, which is related to hate speech and fake news in public. While in fact, the main reason is what was conveyed by The Grand Chancellor at the close meeting during the Covid pandemic "Qoola Rasulullah fil quran alkareem" which means "said the Messenger of Allah in the Holy Book of the Qur'an", was an opinion that been conveyed by Islamic scholars about 500 years ago, and contained in various classical religious books. The words that still definitively states that the Qur'an is the Revelation of Allah, and it is a diversity of opinions in Islam that is accommodated. but its became the reason for the determination as a suspect, because of the existence of the fatwa of the Indonesian Ulema Council, which states that the submission was against the Islamic teaching or "Blasphemy", and ends with a guilty verdict by the Indramayu District Court Judge and sentenced to 12 months, or two-thirds of the public prosecutor's demands.

From the observations of YPI Wira Tata Buana since the establishment of Alzaytun Indonesia, until the events that befallen The Grand Chancellor Of Alzaytun recently, was an unfounded sense of envy for the success of this educational figure, in establishing a Modern Islamic Boarding School, with modern facilities and occupied a very wide location compared to other Islamic boarding schools that already exist in Indonesia. And of course its promotion of tolerance and peace, and not a blind fanaticism.

Their classic question that contradicts the conception of the Islamic Boarding School applied by The Grand Chancellor of alzaytun was where did the funds came from?. Because of their assumption that the success of a boarding school as big as Alzaytun is impossible without foreign aids. While the ability of Prof. Dr. Abdussalam Rasyidi Panji Gumilang, S.Sos. M.P in managing human resources and financial resources was completely buried because of their unreasonable jealousy .

By the way the establishment of Alzaytun Indonesia, was carried out at the wrong time (Timely incorrect) , because at that time 1994 until the United Nations did an official treatment, Islamophobia was booming and one of the targets was Indonesia with the largest Muslim population in the world.

The differences in perception about Alzaytun and its leaderships, was one of the accessibility to the issue of radicalism, fundamentalism, even terrorism mingling with the classic issue of wahabi which due to change of setting socio cultural then this teaching no more get a place in its Country of origin Saudi Arabia. And it has been known, that most of the founders of Islamic Boarding Schools in Indonesia was Alumni of Masjidil Haram Makkah, Saudi Arabia, except for the Founder of the Modern Islamic Boarding School Gontor Ponorogo where The Grand Chancellor finished his Secondary school.

Meanwhile, Indonesian legal experts including the Former Chief Justice of the Constitutional Court Prof. Dr. Machfud MD, stated that the Fatwa of the Ulema Council cannot be used as a legal basis, because the Indonesian Ulema Council is not a Government, only a Non Governmental Organization (NGO), but in fact the Fatwa of the Ulema Council is still always used to ensnare someone to be declared a blasphemy and subject to article 156A above, including the case that befallen the Grand Chancellor of Alzaytun, which from various statements of Human resources activists it was called politicization and criminalization. at least according to The Grand Chancellor chief of Lawyers Mr. Hendra Effendi, SH, M.H on his media conferences and interviews.

For more than 4 months there has not been a day without news, comments, notes, even hate speech on social media, Facebook, instagram, tik tok (manipulated contents) without the grand chancellor, many attacked but also many defended, more precisely the case that befelled the grand chancellor of Alzaytun Indonesia, was a competition between tolerance and intolerance groups. It was very unfortunate that the legal advisor of the party who wants Prof. Dr. abdussalam Rasyidi Panji Gumilang be criminalized, had manipulated the suspect's legal advisor to earn money, by promising many things that cannot be fulfilled.

This case is a description of the existence of the implementation of human rights, and becomes a question mark on the implementation of freedom of expression an inseparable part in Human Rights and the Constitution and / or the Law in Indonesia. It's very sad indeed, but it's all happened. We sincerely hope that the blasphemy case, will not happen again after the case of Prof. Dr. Abdussalam Rasyidi Panji Gumilang, and the former Governor of Jakarta Mr. Basuki Cahaya Purnama well known as AHOK, but it happened again now with a case that is considered a blasphemy committed by Pastor Gilbert Lumoindong. Could the case be legally processed like the two figures?. The answer will be a historical record of the legal implementation if it will be proceed or not by the authorities.

The impact for Sustainable Development efforts.

The issues related to freedom of expression with various aspects mentioned above, greatly affected various efforts to succeed the 2030 agenda of sustainable development, which was encouraged by the United Nations to be intensively implemented worldwide. Especially the case that befallen the grand chancellor of Alzaytun Indonesia,because the implementation of education at Alzaytun was disrupted, not only because of the absence of the grand chancellor who had been managing this educational institution, with an effective leadership. But also because of the turnover of education funds in the Bank which amounted to billions of rupiah, was confiscated by the police, for the investigation process.

The impact of the case, not only interferes with the performance of quality education services, but more than that, because Alzaytun Indonesia is not only a formal education organizer, but also carries out integrated economic activities, from agriculture, plantations, food and beverage industries, as well as blue economic activities, all of which are carried out with the concept of participation action research and programs “Nucleus - plasma involving the local farmers and fishermen”, the implemented concept that encouraged by the 2030 Agenda. A lot of Positive activities that are in line with the 2030 agenda carried out at Alzaytun Indonesia, including independencies, climate change prevention, human resource management for the benefit of the implementation of quality education, has been widely known, and has been stated in the previous written statement.

According to the United Nations, There is a strong convergence between the 2030 Agendas and the human rights-based approach to addressing inequality and discrimination among and within countries. The 2030 Agenda emphasizes the responsibilities of all States to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to religion, political or other opinion. It thereby puts the focus on people as rights-holders and on the corresponding responsibilities of duty-bearers in fulfilling these rights.

All of that is key in preventing extremism, radicalism, where hard efforts must be made to overcome the underlying complaints that encourage violent extremism and terrorism. The 2030 Agenda on a peaceful and inclusive society, addresses many of these critical issues. In some countries, however, efforts to prevent and fight violent extremism and terrorism have been abused to suppress political opposition or ideological dissent. It is sad thing when human rights are violated in the name of counter-terrorism, or to pressure any individual or communities just because of indications and rumors of their involvement with the radicalism movement , surely it will trigger more violence and conflict. Therefore the Human Rights Council reaffirms the necessity to protect human rights and basic freedoms while fighting terrorism and preventing and fighting violent extremism.

Conclusion.

This Written Statement is not to discredit individuals, communities, or the State, but to emphasize the importance of appreciation of freedom of Expression and Human Rights in Indonesia. We concludes that the case that befallen The Grand Chancellor of alzaytun Indonesia:

1. Starting and continuing to be jealousy between fellow Islamic Boarding Schools, which should be able to be well communicated, so that what is called in the theory "Islamic Boarding Schools learn from Islamic Boarding Schools"
2. The peak of this case, is caused by the lack of mastery of good communication “Sense of Communication”. So that it results in a division between the Muslims, and or the Leaders.
3. Cases involving the Educational Institution " Alzaytun Indonesia", from time to time will continue to be repeated, otherwise the realization that differences of opinion are an essential part of Human Rights.
4. That the past historical story, which was often associated with Alzaytun and its leaderships, is the past that is not their responsibility, and what must be considered is the fact that Alzaytun Indonesia teaches obedience to Pancasila and the 1945 Constitution.
5. The case that befallen the Grand Chancellor of Alzaytun, was very influential on the implementation of the 2030 Agenda which is encouraged by the United Nations, and of course we hope that this will not happens again in the future.
6. Last but not least, a peace and tolerance between Muslims are much better than any conflict. As the Indonesian proverb said "win becomes charcoal, loses becomes ashes"