Lose To The Pretrial Lawsuit, Lawyer Rizieq Shihab: Judge's Decision Is Misleading

Rizieq Shihab (DOK. ANTARA)

JAKARTA - Rizieq Shihab's team of lawyers considered the judge's decision to reject the pretrial lawsuit as misleading. The reason is that the judge in this trial was judged by Rizieq's lawyer to change the lex specialis principle to the generalist principle.

"The judge's decision is in my opinion misleading. It is misleading because it has changed the legal principle from the lex specialis legal principle to (or) is combined with the generalist principle of law. The general law principle is actually prohibited by the provisions of the law," said Chairman of the team of attorneys Rizieq Shihab, Alamsyah. Hanafiah told reporters, Tuesday, January 12.

Alamsyah said that the judge's decision was misguided by using generalist or general principles. However, in this case two laws were used. First, the Criminal Code related to Article 160 then the Health Quarantine Law.

With these two laws, the judges should have applied the lex specialis principle.

"That he should not be mixed. So if there is a generalist principle of law, the Criminal Code. So there is a specialist law, a quarantine law. Yes, the quarantine law is used. Not the two are combined. That is heretical," 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 petitioner'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.