JAKARTA - The case of alleged violations of the health protocol (prokes) involving the masses of supporters of Rizieq Shihab has finally been escalated from investigation to investigation. The police believe in this matter a criminal offense has occurred.
The alleged violation of the prokes began when Rizieq Shihab returned to Indonesia from Saudi Arabia on November 10. His return attracted the enthusiasm of his supporters to be directly involved in the pickup at Soekarno-Hatta Airport.
As a result, there was a crowd at Terminal 3 of Soekarno-Hatta International Airport. In fact, crowds are strictly prohibited because the spread of COVID-19 in Indonesia is still high.
Three days later, the crowd of supporters of Rizieq occurred again. This time, when the Grand Imam of the Islamic Defenders Front (FPI) attended the groundbreaking ceremony for the construction of the Islamic Islamic Boarding School Markaz Syariah DPP FPI in the Megamendung area, Bogor Regency.
The crowd came to welcome Rizieq Shihab. Even though at that time Bogor was still implementing the PSBB adapted to new habits (AKB) which one of the rules still limited the association.
Not only that, the crowd occurred again on November 14, to be precise during the wedding of Rizieq Shihab's daughter in the Petamburan area, Central Jakarta.
The masses of supporters of Rizieq gathered because they wanted to participate in the event. Especially at the same time the Prophet's birthday activities were also held.
Investigation ProcessWith a series of alleged violations of the prokes, the National Police intervened to investigate. The investigation process was divided into two, for the crowd at Petamburan handled by the Police Criminal Investigation Unit and the Polda Metro.
Meanwhile, allegations of violations of the prokes in Megamendung, Bogor Regency are handled by the Criminal Investigation Unit of the National Police and the West Java Regional Police.
In the handling of alleged violations of the prokes handled by Polda Metro Jaya, dozens of witnesses have been questioned. Some of them are DKI Jakarta Governor Anies Baswedan and DKI Jakarta Deputy Governor Riza Patria.
Anies Baswesan was questioned on November 17. In a clarification that lasted for approximately 7 hours, Anies said that investigators were asked 33 questions.
"I have finished fulfilling the invitation to provide clarification and the process is going well. There are 33 questions that were submitted earlier," said Anies.
But he did not explain in detail the matter of the question from the investigator. Anies only said that all matters relating to the results of the clarification would be conveyed by the police.
"Whatever the details of the content, questions, clarifications and so on, let them become part of the Polda to continue and deliver them as needed," he said.
After Anies, investigators also asked the Deputy Governor of DKI Jakarta, Riza Patria. The clarification activity took place on 23 November.
Riza was asked for information for 8 hours with 43 questions. In the clarification, investigators asked Riza to explain about the crowd that occurred at Rizieq Shihab's daughter's wedding.
"Earlier the information I conveyed was related to job identity, job title, authority, and other questions such as problems in Tebet and Petamburan," he said.
However, in the process of this investigation, there were several witnesses who did not fulfill the invitation to clarify. They include, Syarifah Najwa Shihab and Muhammad Irfan Alaydrus who are Rizieq Shihab's son and son-in-law.
Through FPI attorney Aziz Yanuar, the two of them were absent because they were busy with other activities. But they will fulfill the invitation if investigators still need the explanation.
"There is a need so that he cannot attend the invitation from the police," said Aziz.
On the other hand, the investigations handled by the West Java Regional Police were not much different. West Java Governor Ridwan Kamil was also questioned about the crowd. But the clarification process was carried out by investigators from the Criminal Investigation Unit of the Police.
Ridwan Kamil's nickname Kang Emil was asked to hand on November 20 at the National Police Criminal Investigation Unit. For 7 hours, he was asked to answer 23 questions raised by investigators.
"West Java is a province with an autonomous region. In which the mayor and regent are elected by the Pilkada so that they have autonomous authority in the implementation, development including permits for activities and matters at the City / Regency level," he said.
In the process of investigating violations of the prokes in Megamendung, Bogor Regency, several invited witnesses did not comply without clear reasons. They include the organizing committee with the initials HMA and AAS.
Rising InvestigationEven though in the process of investigating these two cases there were witnesses who did not fulfill the invitation to clarify, it was a matter for the police to determine the status of the cases.
Evidently, the police decided to increase these two cases from investigation to investigation. Improvement of case status based on the results of the case title.
Head of Public Relations of Polda Metro Jaya, Kombes Yusri Yunus, said that in the process of holding the case for alleged medical treatment at the marriage of Rizieq Shihab's daughter, investigators found elements of alleged violations of Law number 6 of 2018 concerning Health Quarantine. Therefore, it was decided to increase the status of the case.
"According to investigators this has been able to move up to the level of investigation. It means that there is an element of a criminal act," he said.
That way, investigators in the future will be other evidence in the case. Investigators are looking for evidence by examining a number of witnesses. But it is not yet certain when the examination will be and who will be examined.
"We will call other witnesses again. But this is just a follow-up plan in the future, we'll just wait," he said.
Likewise, the Head of West Java Regional Police Public Relations, Kombes Erdi Adrimulan Chaniago, said that the cases handled by his party had also been upgraded to investigations.
Improvement of case status based on the results of the case title. In the title of the case, it is found that the element of criminal offense refers to the evidence and testimony of witnesses.
"Yes, it has moved up to the investigation stage," he said.
In this case, the police used Article 14 Paragraph 1 and Paragraph 2 of Law Number 4 of 1984 concerning infectious disease outbreaks, Article 93 of Law Number 6 of 2018 concerning health quarantine, and Article 216 of the Criminal Code.
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