Prosecutors Ask For Revocation Of Rizieq Shihab's Political Rights, Expert: Excessive
JAKARTA - Additional demands in the form of revocation of political rights from Habib Rizieq Shihab are considered excessive. This additional claim is not appropriate in the case of a crowd.
This was conveyed by Constitutional Law Expert Refly Harun when he was an expert in the trial of the UMMI Bogor Hospital swab test results with the defendant Rizieq Shihab.
Refli's statement answered questions that came from Rizieq Shihab's legal team, Sugito Atmo. He asked for his opinion regarding the additional demands of his clinician in the Petamburan crowd case.
"Suddenly a mass organization was disbanded. Even its political rights were revoked. In fact, the main thing related to the criminal process was debatable health protocol. How do the main cases related to health programs suddenly widen everywhere that is irrelevant to that?", asked Sugito during a trial at the East Jakarta District Court, Wednesday, May 19.
According to Refly, sanctions for revocation of political rights are usually given to someone who commits an extraordinary crime, aka an extraordinary crime. For example, crimes that can threaten the government such as treason, corruption, and others.
"Because if they are free, and they have political rights to be elected and to vote, then they will have a big influence, and it is feared that this influence will be even greater", said Refly.
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Another example, continued Refly, a political figure caught in a corruption case. Usually, there will be additional demands in the form of revocation of political rights.
"For example, politicians commit Corruption, are severely punished and their political rights are deprived. That is also theoretically, constitutional law is not permanent but must be limited. Whether 5 years or 2 elections. There is relevance and gradation of serious criminal acts", said Refly.
However, when compared to cases of health protocol violations, Refly said that it was very excessive. Because, in the rules, the criminal penalty in violating the health protocol is only one year in prison.
"If we relate it to the violation of health protocol, which carries a penalty of only 1 year and a fine of 100 million. Then given additional punishment, I think that excessive abuse is too excessive. Disproportionate and irrational", said Refly.
For information, in the general case in Petamburan, Rizieq Shihab was sentenced to imprisonment for 2 years. In addition, Rizieq received additional demands in the form of a ban from joining a mass organization committee for 3 years.
Meanwhile, in the case of the Megamendung crowd, Rizieq was sentenced to 10 months in prison.