JAKARTA - The admission of Ustaz Yahya Waloni who intentionally hit a dog has received various responses. In fact, the act is considered to lead to a crime.
Ustaz Yahya Waloni said that he intentionally hit a dog during a lecture that was broadcast on the YouTube Hadits TV account on Saturday, February 13, 2021.
In his story, Ustaz Yahya Waloni hit a dog when he was around the border area between Riau and Jambi, precisely in Kemuning District.
It all started when he wanted to go to the lecture location. On the way, Ustaz Yahya Waloni, who was driving his vehicle, saw a dog. Then, he beat the dog until the dog's legs limp.
In his statement, it was as if his actions were done on purpose. Because the reason he hit the dog was that the animal was unclean.
"I also hit a dog, I don't know whose. He limped the dog's leg. I still brake the goat, but I saw a dog, unclean, I shot the one in front", he said.
Responding to this, a criminal law expert from Al Azhar University Suparji Ahmad said that Ustaz Yahya Waloni's actions could be included in violating Article 406 paragraph 2 of the Criminal Code. In fact, in this article, violations can be punished with a maximum imprisonment of 2 years and 8 months.
"The person who hit the dog is in Article 406 paragraph 2 of the Criminal Code which states, among other things, that the same punishment is imposed on a person who deliberately and illegally kills a deer or removes an animal that belongs to someone else", Suparji told VOI, Tuesday, 16 February.
In applying this article to the Ustaz Yahya Waloni issue, said Suparji, two elements of deliberate and unlawful must be fulfilled. This is because Article 406 of the Criminal Code uses this phrase.
"This means that it must be proven whether there is an element of intent and then against the law which means against the prevailing laws and regulations", he said.
"Then intentionally there is an evil intention or in other words will and know what he did", continued Suparji.
Context requires that is want to kill. Meanwhile, for the context of knowing more to understand the consequences that occur.
"Wanting means to kill, knowing the result will be killed. So this must be constructed", he said.
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