If The Pretrial Is Rejected, Rizieq Shihab's Legal Team Is Ready To Submit A Judicial Review

Chairman of the team of lawyers Rizieq Shihab, Alamsyah Hanafiah (Photo: Rizky Adytia Pramana / VOI)

JAKARTA - Rizieq Shihab's team of lawyers has planned further legal steps if the pretrial lawsuit against the determination of the suspect in a case alleging sedition and violation of health protocols is rejected by the judge.

The head of Rizieq Shihab's team of lawyers, Alamsyah Hanafiah, said that his party would submit a Judicial Review to the Constitutional Court (MK).

"If the word is rejected, maybe the next effort, but not just the case here, will be holding a judicial review," Alamsyah told reporters, Tuesday, January 12.

The lawsuit that was filed was not on a case. But, said Alamsyah, the article in the Criminal Procedure Code (KUHAP) which regulates pretrial is decided by a single judge.

"If a single judge is an individual opinion. Individual opinion is possible. We will see the judge, right. Because here the problem is the judge's decision here cannot be tested," he explained.

In fact, according to Alamsyah, if based on the expert's statement presented by his party, the judge should have granted the pretrial lawsuit that was filed.

This is because the expert said that Article 160 of the Criminal Code cannot be combined with the Health Quarantine Law.

"The expert opinion we put forward is very strong that Article 93 cannot be adopted or combined with Article 160, the Muzzakir (expert) group and so on. Our expert witness yesterday, Fernando, will see the judge," he said.

Meanwhile, Rizieq Shihab's trial for pretrial with a decision agenda will be held on Tuesday, January 12. Rizieq Shihab submitted a pretrial application to challenge the determination of the suspect in the case of crowds and violations of health protocols (prokes).

Rizieq Shihab's pretrial lawsuit has been registered with number 150 / Pid.Pra / 2020 / PN South Jakarta, dated December 15. This lawsuit relates to Rizieq Shihab, who 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.