Waiting For The Fate Of Regional Heads In Health Protocol Violation Cases

Crowds welcome Rizieq Shihab (Diah Ayu Wardani / VOI)

JAKARTA - The police continue to investigate cases of alleged violation of health protocols when a crowd of followers of Rizieq Shihab occurred. In the investigation process, a number of regional leaders were involved to undergo investigations as witnesses.

Among them, West Java Governor Ridwan Kamil and DKI Jakarta Governor and Deputy Governor Anies Baswedan Riza Patria.

The questioning of Ridwan Kamil is scheduled to take place at the Police Criminal Investigation Unit on Friday, November 20. This examination was related to the crowd in Megamendung, Bogor some time ago.

Kang Emil (Ridwan Kamil's nickname) was also willing to fulfill the call. The examination process is planned to take place at 10.00 WIB.

Later, in the examination, investigators will explore the steps Emil took after learning about the crowd.

"He knows what happened yesterday, what his reaction was, what his efforts were, of course this will be explored by investigators," said Karo Penmas, Police Public Relations Division, Brigadier General Awi Setiyono to reporters, Thursday, November 19.

In addition, investigators will also dig up information regarding the rules for handling COVID-19 that apply in West Java. Because, apart from serving as Governor, he is also the head of the regional task force.

"He issued the Governor Regulation regarding the handling of the COVID-19 pandemic in the West Java region. How is the implementation down, what are the downward orders," Awi.

Unlike Emil, DKI Jakarta Governor Anies Baswedan had already been asked for information, on Tuesday, November 17. He was examined regarding the crowd that occurred during the Prophet's birthday and the wedding of Rizieq Shihab's daughter in Petamburan, Central Jakarta.

Anies was questioned for approximately 7 hours at the Sub-Directorate for State Security (Kamneg) Polda Metro Jaya. The investigating team asked about 33 questions compiled in a 23-page Investigation Report (BAP).

Anies did not say much when he finished the examination. He only said that when all the questions had been answered according to facts. Meanwhile, the results of the examination are submitted to the police for later delivery.

Based on police statements, investigators unearthed the conversation between Anies Baswedan and Rizieq Shihab during the investigation. Because there has been no explanation of the contents of Anies and Rizieq's conversation.

"Colleagues all know that when the DKI Governor started HRS coming to his residence at night, colleagues asked, there was no statement. That's where the investigators also wanted to know what was certain, they were asked that," said Awi.

Then, investigators also made a statement regarding the Governor Regulation (Pergub) in handling COVID-19. Anies was asked to explain about the measures regulated in the regulation.

"What is clear is that the governor issuing the Pergub already knows what the crowd was doing. You understand what investigators have dug up," he said.

Meanwhile, Riza Patria will only be questioned on Monday, November 23. This is because he was unable to attend the hearing scheduled for November 19.

The reason is, Riza has a job that can't be left behind. Thus communicating with investigators to request rescheduling.

"I as Deputy Governor last night received a summons for clarification. It was scheduled for today at 10.00 WIB. Because it could not be," said Riza.

Threat of Removing Regional Officials

By involving these regional officials in the investigation process, the question of their fate arose. This is because the Minister of Home Affairs (Mendagri) Tito Karnavian issued instruction Number 6 of 2020 concerning Enforcement of Health Protocols to Control the Spread of Corona Virus Disease (COVID-19).

In the instruction, Tito asked all regional heads to consistently implement health protocols in preventing the spread of COVID-19.

"In connection with several areas where there have been large crowds recently and seemingly unable to handle it, today I will issue an instruction from the Minister of Home Affairs on enforcement of health services. Here follow up on the President's directive last Monday to confirm consistency of compliance with COVID-19 and prioritize the safety of the people. "said Tito, Wednesday, November 18.

The instructions issued, said Tito, were intended for all regional heads. In fact, those who violate can be subject to removal from office.

"I tell the governors, regents and mayors to heed this instruction because there is a risk according to the law. If the law is violated, dismissals can be made. I will share this, today I will sign it and I will convey it to all regions," said Tito.

Responding to the question of removal from the position of regional head, a Constitutional Law Expert from Sebelas Maret University (UNS) Surakarta, Dr. Agus Riewanto is of the opinion that the three regional heads may not be subject to removal sanctions. This is because they have not been found guilty or involved in violating the implementation of health protocols.

"For the three at least, the Minister of Home Affairs will only warn them," said Agus.

Moreover, removing a regional head is not an easy matter. The reason is, if you link with Regional Autonomy (Otda) where regional heads are elected by the people, it is difficult for the Minister of Home Affairs to dismiss them administratively.

"Regional heads can only be stopped through a political mechanism in the DPRD and a legal opinion from the Indonesian Supreme Court," he said.

As for the criminal legal process, Agus said they would only be witnesses. Their involvement was only to explain the regulations for handling COVID-19 during the pandemic period.

"The possibility is only limited to clarification, because it is not a criminal offense," he said.