Could The Rizieq Shihab Case Be Resolved With Restorative Justice As Suggested By Habiburokhman?

JAKARTA - Member of Commission III of the House of Representative (DPR) from Gerindra Habiburokhman proposed to the Attorney General's Office to resolve the Rizieq Shihab case using a restorative justice approach.

"I hope this can be done with a restorative justice approach. The first is the case of the Habib Rizieq Shihab crowd," said Habiburokhman at the DPR Commission III work meeting, Tuesday, January 26.

Rizieq Shihab, the Grand Imam of the Islamic Defenders Front (FPI) was a suspect in three cases, namely the violation of health protocols in Petamburan, the Megamendung crowd, and the Bogor Ummi Hospital case.

In the first case, Rizieq was charged with articles 160 and 216 KUHP. The most serious criminal threat is in Article 160 concerning incitement to commit violence and disobeying the provisions of the law with a maximum penalty of 6 years in prison.

Meanwhile, in the case of the Megamendung crowd, investigators charged Rizieq Shihab with Article 14 paragraphs 1 and 2 of Law 4/1984 concerning Disease Outbreaks in conjunction with Article 93 of Law 6/28 on Health Quarantine and Article 216 of the Criminal Code.

In the case of Ummi Hospital, Bogor, West Java, Rizieq Shihab was subject to multiple articles, namely Article 14 paragraph 1 and paragraph 2 of Law 4/1984 concerning Disease Outbreaks, Article 14 and/or Article 15 of Law 1/1964 concerning Criminal Law Regulations, and Article 216 of the Criminal Code.

In the third case, Rizieq was named a suspect for obstructing the work of the COVID-19 Task Force at the Bogor Ummi Hospital.

If restorative justice was applied to Rizieq's case, chances are he could be freed from the threat of criminal punishment that ensnared him. Given that restorative justice emphasizes more on mediation.

“Restorative (requires) victims. In the case of crowds, Rizieq could not be arrested. Being detained is for the case of sedition,” said a criminal law expert from Lambung Mangkurat University, South Kalimantan, Mispansyah, Tuesday, January 26.

Regarding the crowd case, continued Mispansyah, Rizieq Shihab has already paid a fine related to the Health Quarantine Law.

"Restorative justice, in fact, there are victims and situation recovery due to violation of public order regulations. Meanwhile (for the case of) sedition, material offense must be fulfilled,” explained Mispansyah.