Rizieq Shihab Will Soon Be Free After Being Sentenced To A Prokes Violation Case

JAKARTA - Former FPI High Priest, Rizieq Shihab will not remain in prison for long. Although, the panel of judges at the East Jakarta District Court sentenced him to 8 months imprisonment and a fine of Rp. 20 million.

Rizieq's lawyer, Aziz Yanuar, said it was estimated that his client would be released in July. That is, if his party accepts the verdict from the panel of judges in cases of violation of the Petamburan process.

"God willing, it will be July (free)," said Aziz at the East Jakarta District Court, Thursday, May 27.

However, Aziz said that Rizieq's team of lawyers must coordinate first to determine the next steps. Because, it is believed that Rizieq's action was not a violation of the prokes.

"We still think that what Habib Rizieq et al did was not a crime, so it is not appropriate to be subject to a sentence of body confinement," he said.

Rizieq will not be long in the detention cell because in the judge's verdict, the 8-month criminal sanction was deducted from his detention period.

Rizieq has been languishing for about 6 months since the investigation process until now. He has been detained since December 2020.

Meanwhile, the panel of judges at the East Jakarta Court also briefly explained the reasons behind the imprisonment for 8 months. For one thing, the prosecutor's indictment regarding Article 160 of the Criminal Code regarding sedition was not proven.

"But according to the facts of the trial, the defendant did not commit incitement or violence against the general authorities," said Suparman.

However, based on the results of the trial the defendants violated the third charge regarding health quarantine. Thus, they must be given criminal sanctions.

"The defendant was only found to have committed no crime on the third indictment of Article 93 of the Law of the Republic of Indonesia Number 6 of 2018 concerning Health Quarantine jo. Article 55 paragraph (1) 1 of the Criminal Code carries a 1 year imprisonment and / or punishment with a maximum fine of Rp. 100 million. , "said Suparman.

In addition, the panel of judges also stated that Rizieq Shihab and former FPI officials were not proven to have committed violations related to the Community Organization (Ormas) Law on the fifth indictment. Rizieq et al released on these charges.

"The defendants were not proven to have committed a criminal act as in the fifth indictment, thus the defendants must be acquitted in the fifth indictment," said Suparman.

In addition, Suparman also stated that the prosecutor's demands regarding the FPI's Registered Certificate (SKT) which were not extended should not be questioned.

Based on the expert's information, it is everyone's right to organize or create an organization. As long as it does not violate the law.

"The panel of judges, according to the witness, made it easier for Refly Harun to explain that an organization can carry out activities even though it does not have an SKT because mass organizations are a manifestation of the right of every citizen to assemble an association, transmitting opinions, this is protected by the constitution as long as the mass organization does not carry out activities contrary to the law, " he said.

On the other hand, for cases of violation of the prokes in Megamendung, Rizieq was only sentenced to a fine of Rp. 20 million. This means that there is no imprisonment in this case.

The panel of judges also touched on the reason for only imposing fines. One of the reasons is that imprisonment as an ultimum remedium is no longer needed. Moreover, with several health prokes violations that have occurred in several locations, the COVID-19 Task Force has imposed more humane administrative and social sanctions.

"There has been an imbalance of treatment or discrimination that should not have occurred in the Republic of Indonesia which glorifies a rule of law rather than a power state," he said.

In addition, almost all violations of the prokes occur due to accident. Because the community is saturated with the conditions of the COVID-19 pandemic.

"There has been neglect of health protocols by the community itself because of saturation with the conditions of this pandemic and there is also a difference in treatment between people and one another," said Suparman.

On that basis, the panel of judges decided to only sentence Rizieq to a fine of Rp. 20 million

"Imposing a criminal sanction hanging in confinement (prison). The judge assessed that the act committed by the defendant was a culpa offense or an accidental act," said Suparman.