JAKARTA - Islamic Defenders Front (FPI) lawyer Aziz Yanuar said Article 160 of the Criminal Code concerning incitement to crowds used by investigators in Rizieq Shihab's summons for questioning was deemed inappropriate. The reason is that this article, according to FPI lawyers, can be used if it is juxtaposed with other criminal articles.
"Article 160 is related to the Constitutional Court's decision that cannot stand alone and must rely on other criminal acts," Aziz told reporters, Tuesday, December 1.
Aziz also said that in Rizieq's summons, Article 93 of the Health Quarantine Law was written which is not a criminal article. In fact, the application of Article 93 is also considered inappropriate. This is because the article, according to Aziz, mentions phrases that cause emergency.
In fact, Aziz said there was no emergency condition caused by the crowd in Tebet and Petamburan. So that the application of the article is deemed inappropriate.
"Therefore in our opinion that the application of Article 160 and moreover Article 93 which does not meet the element of public health emergencies should not be imposed by HRS," he said.
In summoning Rizieq Shihab, investigators used Article 160 of the Criminal Code or Article 93 in the Health Quarantine Law and Article 216 of the Criminal Code.
The use of Article 160 of the Criminal Code relates to incitement by other people to commit criminal acts. Investigators will explore indications related to Habib Rizieq, who allegedly incited the public to gather.
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