Legal Cases That Entail Rizieq Shihab

November 10, 2020, when Rizieq Shihab arrived at Petamburan after returning from Saudi Arabia (Irfan Meidianto / VOI)

JAKARTA - The Grand Imam of the Islamic Defenders Front (FPI) Rizieq Shiab has been named a suspect in a case of alleged crowd violation and health protocol (prokes). Apart from Rizieq, the police named five other people in this case.

Head of Public Relations of Polda Metro Jaya Kombes Yusri Yunus said that the determination of the suspect in this case was based on the results of the case title and sufficient evidence.

"There are 6 who have been named as suspects. First the organizer is the brother of MRS (Rizieq Shihab)," said Yusri, Thursday, December 10.

For the other five suspects, namely, Chairman of the Akad Nikah Committee Haris Ubaidilah, Secretary of the Akad Nikah Ali Alatas Committee, Person in Charge of Security Maman Suryadi, Person in Charge of Akad Nikah Events Ahmad Sobri Lubis, and Head of Akad Nikah Event Section Idrus.

"We have raised these 6 people from witnesses to suspects," said Yusri.

Rizieq has not been in Indonesia for 3.5 years and has resided in Saudi Arabia. On November 10, he came to Indonesia when the government was facing the COVID-19 pandemic. His return attracted the attention of his supporters, so they flocked to Soekarno-Hatta International Airport to come pick him up and ignore health protocols.

Three days later, Rizieq attended the birthday of the Prophet Muhammad SAW in the Tebet area, South Jakarta. His presence sparked a crowd of supporters.

One day later, the FPI leader held a wedding ceremony for his daughter, Najwa Shihab and Maulid Nabi at his residence, Petamburan. This activity also caused a crowd of people.

With a series of activities that alleged crowd and health violations occurred, investigators presumed different articles for the suspects according to their roles. Rizieq Shihab was charged with Articles 160 and 216 of the Criminal Code.

"The first is that as the organizer, the MRS brothers themselves are presumed in Articles 160 and 216 (KUHP)," said Yusri.

Article 160 of the Criminal Code contains incitement to committing violence and not complying with the provisions of the law, with the threat of six years in prison or a fine of Rp. 4,500.

Meanwhile, Article 216 paragraph 1 of the Criminal Code concerning Obstacles to Legal Provisions. The threat is imprisonment of four months and two weeks or a fine of Rp9,000.

Meanwhile, the other five suspects were only charged under Article 93 of Law Number 6 of 2018 concerning Health Quarantine. Under this regulation they are threatened with one year imprisonment or a Rp100 million fine.

With the determination of the suspect, the police will try to arrest Rizieq Shihab and five other suspects. This arrest was said to be in accordance with the Criminal Procedure Code (KUHAP).

"The six suspects are the police, in this case, will use the force of force owned by the police in accordance with the laws and regulations," said Yusri.

"There are two powers of the Police, summoning or by arrest, that's a forced effort," he continued.

Rizieq's forced pick-up was also reasoned because during the process of investigation and investigation, Rizieq had never even fulfilled the summons for examination.

Metro Jaya Police Chief Inspector General Fadil Imran said he would arrest the suspect in the near future.

"For the suspects, the Polda Metro Jaya investigators will make arrests," said Fadil.

Fadil asked the suspects to cooperate. They are also asked to comply with applicable laws and regulations.

"The investigators at the metro police will make an arrest," said Inspector General Fadil.

The Megamendung crowd

Crowd violations and prokes cases involving Rizieq Shihab were not only handled by Polda Metro Jaya. A similar case is also being investigated by the West Java Regional Police.

The pekara started when Rizieq Shihab attended a groundbreaking ceremony for the construction of an Islamic boarding school in Megamendung, Bogor, on November 13.

This activity created a crowd. In fact, many of Rizieq's supporters were not wearing masks. So, there is the potential for the spread of COVID-19.

West Java Regional Police Head of Public Relations, Kombes Erdi A. Chaniago, said that in the investigation of this case his party had examined several people from elements of the government. Including the Governor of West Java, Ridwan Kamil.

This examination is carried out to determine the PSBB rules that are applied. So that finally, the investigator decided to increase the status of the case from investigation to investigation.

In the investigation process, parties involved in the event were summoned to be examined, including Rizieq Shihab. But on the first summons, the FPI leader did not comply.

"If it comes, those concerned can provide information in the same class as why it happened and so on," said Erdi.

Meanwhile, through FPI lawyer Hendy Noviandi, Rizieq could not attend because he was still recovering his health. This reason was similar when Rizieq was not present twice at the investigations conducted by the Polda Metro Jaya investigators.

We delivered a letter that he is currently recovering, so we apologize for not being able to attend, "said Hendy.

"We cannot confirm yet, because the health condition cannot be ascertained. But in essence, as good citizens, our clients, God willing, hopefully will be given health," he continued.

Case Terminated

This is not the first time that FPI's High Priest has stumbled into a criminal case. 3 years ago, Rizieq Shihab was named a suspect in a nasty chat case with Firza Husein.

In this case, Rizieq was accused of Article 4 paragraph 1 in conjunction with Article 29 and / or Article 6 in conjunction with Article 32 and or Article 8 in conjunction with Article 34 of Law Number 44 Year 2008 concerning Pornography and Article 27 paragraph 1 in conjunction with Article 45 paragraph 1 of the Law. Number 19 of 2016 concerning Information and Electronic Transactions (ITE).

But a year later, this case was stopped. The reason is that investigators did not find the perpetrators of spreading the pornographic content.

"There was an official request from the attorney for SP3, by letter. After that, the case was filed. Then the case was terminated because according to the investigator of the case the uploader had not been found," said the Head of Public Relations of the Police, who was then held by Inspector General M. Iqbal.

Then, Rizieq was also involved in the alleged defamation of Pancasila, in 2016. He was reported by Sukmawati Soekarnoputri because in her lecture she was suspected of defaming Pancasila.

In addition, Rizieq was also reported by the Sundanese Peoples Alliance Suing West Java Siliwangi Youth Force on November 24, 2015. Rizieq is suspected of insulting and harassing Sundanese culture because he has mocked the greeting 'Sampurasun' as 'Mixing Poison'.

Karo Penmas, Police Public Relations Division, Brigadier General Awi Setiyono said the two cases were also stopped. Because, there was no new evidence found in the two cases.

"Because the information is there (no new evidence was found)," he said in November.