Rizieq Shihab's Exception In Petamburan Case Rejected, The Trial Continues To Examination Of Witnesses

JAKARTA - The panel of judges at the East Jakarta District Court (PN) decided to reject the exception filed by Rizieq Shihab and a team of lawyers for the alleged complication and violation of the health protocol in Petamburan, Central Jakarta.

This is because the charges prepared by the public prosecutor (JPU) are by the applicable regulations.

"Based on these considerations the defendant and the defendant's legal adviser have no legal grounds because the indictment has been prepared based on the provisions of Article 143 paragraph of the Criminal Procedure Code, therefore the defendant's objection and the defendant's legal adviser are declared unacceptable," said the presiding judge Suparman Nyompa in the trial, Tuesday, April 6.

With the rejection of the exception and Rizieq Shihab and the team of lawyers, the trial will enter the main case examination stage. This means that the following trial will be scheduled for the examination of witnesses.

"Therefore, the East Jakarta District Court has the authority to try this case. Furthermore, the case examination will continue", said the judge.

That way, the panel of judges ordered the prosecutor to present witnesses and evidence. Besides, Rizieq Shihab was charged with incitement to the appearance of a crowd at his daughter's wedding as well as commemorating the Prophet's birthday in Petamburan, Central Jakarta. This crowd is taking place in the midst of the COVID-19 Pandemic.

"Doing, who orders to do and who participates in doing actions in public orally or in writing incites to commit a criminal act of health quarantine as referred to in Article 93 of Law Number 6 of 2018 concerning Health Canteen, committing violence against public authorities or disobeying both the provisions of the Law and a position order given is based on the provisions of the law”, said the prosecutor reading the indictment.

According to prosecutors, Rizieq Shihab and Haris Ubaidillah, Ahmad Sabri Lubis, Ali Alwi Alatas, Idrus aka Idrus Al Habsyi, and Maman Suryadi, incited incitement to the emergence of a crowd in Petamburan.

In the indictment, the prosecutor explained that Rizieq Shihab had planned to return to Indonesia to marry his daughter Syarifah Najwa Shihab. This plan was followed up with the formation of a committee, namely Ahmad Sabri Lubis, Ali Alwi Alatas, Haris Ubaidillah.

Preparations were made by renting tents and all the necessities for the commemoration of the Prophet's birthday and the wedding of Rizieq's daughter, Syarifah Najwa Shihab, including paying a down payment for the tent and repayment on November 16, 2020. The committee also prepared a letter requesting permission to the Central Jakarta Sub-dept.

According to the prosecutor, the incitement occurred when Rizieq Shihab attended the Prophet's birthday in Tebet on November 13, 2020. At this event, Rizieq Shihab openly conveyed his daughter's wedding invitation and the commemoration of the Prophet's birthday in Petamburan.

"Everyone here, God willing, tomorrow night at Petamburan we will hold a memorial for the birthday of the Prophet, brothers, and sisters, at the same time I invite all the Habib because we will also marry our fourth daughter. Ready to attend?", the prosecutor quoted Rizieq Shihab as saying in the indictment.

There is also notification of activities via video on YouTube uploaded by Haris Ubaidillah.

"The incitement of Haris Ubaidillah and the defendant conveyed to the public via Youtube is against the government's efforts to reduce the crowd so that the spread of COVID-19 does not arise", said the prosecutor.