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Menguji Dua Keistimewaan: Tionghoa dan Yogyakarta

Ilustrasi: Luki Ahmadi Hari Wardoyo

PUTUSAN majelis hakim Pengadilan Negeri Yogyakarta yang menolak gugatan Handoko patut kita renungkan. Pengacara muda berdarah Tionghoa ini mencoba merobohkan sekat diskriminasi kepemilikan tanah di kota suci peradaban Jawa. Etnis Tionghoa yang hidup di Yogya memang “istimewa” karena menjadi satu-satunya kelompok yang tidak boleh memiliki hak atas tanah.

Rekaman historik menunjukan, elit Yogyakarta menyematkan “keistimewaan” bagi Tionghoa didasarkan atas tindakan masa lalu sekelompok orang Tionghoa yang dianggap membantu musuh Republik. Jika dosa Tertuduh 65 pernah diwariskan pada keturunannya dan sekarang mulai dikikis, maka Tionghoa di daerah ini tetap harus memikul dosa orang yang sama etnisnya.

“Keistimewaan” Tionghoa Yogyakarta juga dibalut oleh sebuah prasangka jahat yang menyebar luas; bahwa etnis ini tergolong sebagai manusia rakus bin tamak. Jika dibiarkan punya hak, bisa jadi seluruh tanah Yogyakarta akan dikuasainya.

Prasangka dan stereotipe ini sangat berbau Orde Baru. Prasangka ini, sekali lagi, mengingatkan saya pada kegusaran Pangeran Diponegoro terhadap seorang perempuan yang memijitinya malam hari sebelum turun di medan perang. Amoy Tionghoa ini dianggap sebagai penyebab kekalahan Diponegoro di pertempuran Gowok. Pria ini kemudian melarang seluruh pasukannya berelasi dengan perempuan Tionghoa. Pembawa sial, katanya (Carey, 2011).

Yogyakarta memang berstatus sebagai daerah istimewa. Saking istimewanya, para aktifis SDA yang biasanya aktif membela hak tanah di Kulonprogo dalam pembangunan bandara menjadi keki. Juga, lidah para aktifis lintas iman dan etnis kota ini seperti kelu menyerukan pembelaan.

Sangat mungkin mereka masih belum lurus logika berfikirnya dalam memaknai diskriminasi; masih bias etnis. Atau, jangan-jangan mereka ikut-ikutan galau terusir dari Yogya, sebagaimana ultimatum KRT Poerbokusumo, cucu Hamengkubuwono VIII di BBC,”Kita akan turun ke jalan. Kalau perlu kita akan usir dari Jogja.”

Mereka sepertinya telah nyaman berlindung dibalik status keistimewaan provinsial yang dimiliki Yogyakarta.

“An, aku bisa memahami kenapa hakim menolak gugatan Hartono. Yogya punya keistimewaan, seperti halnya Aceh. Jadi menurutku putusan hakim bisa dipahami,” kata seorang kawan aktivis. Saya cukup terperanjat mendengarnya.

Ya, Aceh memang memiliki keistimewaan sebagaimana Yogya. Di kawasan ini, kelompok minoritas agama (non-muslim) serasa hidup pada zaman kegelapan, berstatus dhimmi — label non-muslim di wilayah kekuasaan Islam.

Status yang artinya “terlindungi” ini mendorong non-muslim di Aceh terlucuti hak politiknya. Jabatan publik yang awalnya bisa diduduki siapa saja tanpa membedakan agama, sebagaimana jaminan konstitusi, kini bubrah atas nama keistimewaan. Bagaimana mungkin non-muslim dapat menduduki puncak jabatan publik  jika ada syarat mampu baca Al-Quran?

Keistimewaan bagi Aceh dan Yogya adalah serasa duri bagi konstitusi negara ini. Alih-alih digunakan untuk lebih mempromosikan kesetaraan dan keadilan bagi seluruh rakyat Indonesia, status ini justru mengamputasinya, secara kasat mata.

Kita barangkali bisa berdebat panjang mengenai hal ini. Namun, keistimewaan dalam konteks dua provinsi ini mengandung kuasa gelap; superioritas agama/etnis tertentu atas agama/etnis yang lain.

Sebagai pengagum Gus Dur, saya diajari untuk tunduk pada keadilan dan kesetaraan. Pun, Islam telah mewanti-wanti agar tidak memperlakukan orang lain secara tidak adil, hanya karena alasan kebencian.

Dalam kehidupan berbangsa yang beridentitas majemuk, Islam tidaklah boleh merasa tinggi hati, mengklaim dirinya lebih unggul ketimbang agama atau kepercayaan lain. Etnis non-Tionghoa juga akan nampak rendah diri jika terus-terusan memaksa Tionghoa mengakui keunggulan mereka dengan cara sewenang-wenang.

Dulu, saya meyakini keunggulan bangsa Aria yang ditegakkan Hitler dengan sokongan militer telah lama terkubur. Kini keyakinan itu diuji lagi oleh status “keistimewaan” Tionghoa dalam keistimewaan Yogya.

Aan Anshori

Kordinator Jaringan Islam Antidiskriminasi (JIAD), tengah nyantri di S2 Hukum Keluarga Islam Univ. Hasyim Asy'ari Tebuireng Jombang, twitter @aananshori

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Tentang Penulis

Aan Anshori

Kordinator Jaringan Islam Antidiskriminasi (JIAD), tengah nyantri di S2 Hukum Keluarga Islam Univ. Hasyim Asy'ari Tebuireng Jombang, twitter @aananshori

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