The Police Investigation Process According To The Rules So The Judge Rejects Rizieq Shihab's Lawsuit

ILLUSTRATION / Unsplah

JAKARTA - The judge at the South Jakarta District Court, Akhmad Sahyuti, decided to reject Rizieq Shihab's pretrial against the suspect in a crowd case and a violation of the health protocol (prokes). One of the reasons is because the Polda Metro Jaya is considered to have carried out the investigation process according to regulations.

In the process of this investigation, investigators decided to determine Rizieq Shihab as a suspect based on sufficient evidence. Then, investigators have also made two attempts to summon Rizieq to be questioned even though he was never present.

"Considering that there is evidence of defendant 1, it turns out that the petitioner has been summoned twice, even though the applicant must come. Considering, both the applicant as a witness must fulfill the summons, because not fulfilling the violation violates the obligation," said Sahyuti at the trial at the South Jakarta District Court, Tuesday , January 12

"If the first summons are not fulfilled by the person concerned, then the second summons are not fulfilled, then the family's obligation to bring the person concerned before the investigator," he continued.

Sahyuti said that referring to the Law on examination summons sent by investigators was also in accordance with the regulations. But Rizieq, who was still a witness at that time, did not fulfill it.

Based on this consideration, Sahyuti decided to reject the pretrial lawsuit.

"Considering that the summoning of the petitioner can be justified based on the law. Considering the above provisions, the summoning of witnesses is reasonable, and regarding the summoned witnesses also rejects, then the petition must be rejected," he said.

Previously, South Jakarta District Court Judge Akhmad Sahyuti decided to reject Rizieq Shihab's pretrial against the suspect in a crowd case and violation of health protocols (prokes) during the wedding ceremony of his daughter, Syarifah Najwa Shihab in Petamburan, Central Jakarta.

"Trial rejects the defendant's pretrial petition. Charges court fees of nil," said Sahyuti during a trial at the South Jakarta District Court, Tuesday, January 12.

Sahyuti said the decision was taken after considering the application letter and response letter submitted by the petitioner and the respondent. Then, the decision is also based on consideration of the evidence and witnesses presented at the trial.

"Considering the evidence, witnesses and experts, the judge is of the opinion that the determination of the suspect is supported by valid evidence," 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 the case, the police also named five other suspects, namely, Haris Ubaidillah as committee chairman, Ali bin Alwi Alatas (committee secretary), Maman Suryadi (FPI commander and security officer), Sobri Lubis (person in charge of the event), and Idrus (head of the program section).

In this case, Rizieq was charged with Article 160 KUHP and 216 KUHP. 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.