Pre-Trial Session, Attorney Rizieq Shihab Discusses The Use Of Article 160 Of The Criminal Code

Rizieq Shihab while detained some time ago (DOK. ANTARA)

JAKARTA - FPI Grand Imam Rizieq Shihab, through his lawyer, said that the use of Article 160 of the Criminal Code concerning incitement in crowd cases was suspected as the defendant's method, namely the Police, to silence the applicant.

This statement was conveyed by Rizieq Shihab's attorney, Muhammad Kamil Pasha in the pretrial hearing at the South Jakarta District Court with an agenda of reading the petition.

"That it is reasonable to suspect that the imposition of Article 160 of the Criminal Code against the Petitioner was inserted so that it is only used as a basis by Respondent I, as an effort to arrest the Petitioner who has been critical of the injustices that have occurred so far," said Kamil in Rizieq Shihab's pretrial hearing, Monday, January 4.

In addition, the use of Article 160 of the Criminal Code is considered to be forced. Because in this article according to Rizieq Shihab's team of lawyers, material evidence must also be included. This means that the defendant, namely the Police, must be able to show the impact of this incitement.

"The decision of the Constitutional Court Number 7 / PUU-VII / 2009 has changed the formulation of sedition offenses in Article 160 of the Criminal Code from formal offense to material offense in which a person who commits incitement can only be convicted if it has an impact on the incitement of a party and leads to another criminal act as a consequences, such as riots or an act of anarchy, "he explained.

During the trial the defendant, namely the National Police, was asked to show this evidence. But if the defendant cannot show the evidence, then lawyer Rizieq Shihab continued, the article 160 KUHP cannot be used to ensnare the petitioner.

"Whereas if the Respondent I is unable to present material evidence and present the BAP of the witness who claims to have been instigated by the Petitioner, then it is clear that Article 160 of the Criminal Code cannot be suspected to the Petitioner, because none of the material evidence is required," he said.

Rizieq Shihab was named a suspect in the case of alleged crowd and health protocol violations, on Thursday, December 10. Not only Rizieq, in that case, the police also named five other suspects.

Rizieq was charged with Articles 160 of the Criminal Code and 216 of the Criminal Code. Meanwhile, the other suspect was charged with Article 93 of Law Number 6 of 2018 concerning Health Quarantine. Rizieq has been detained since 12 December. Rizieq is currently in a drug detention cell at Polda Metro Jaya.