Rrizieq Shihab's Pre-trial Session, Attorney Called For Detention And Arrest Is Legally Flawed

Rizieq Shihab's pretrial hearing at the South Jakarta District Court (Rizky Adytia / VOI)

JAKARTA - Legal attorney Rizieq Shihab read out a letter of request for a pretrial lawsuit on the warrant for the arrest and detention of the Jakarta Police.

The head of Rizieq Shihab's team of lawyers, Alamsyah Hanafiah said the arrest warrant is legally flawed because it is not based on sufficient evidence.

"Whereas the Respondent has determined the Petitioner as a suspect and the Respondent has even issued an arrest warrant for the Petitioner, even though the Respondent does not have/does not have 2 valid evidence to determine the Petitioner as a suspect", said Alamsyah during the trial at South Jakarta, Monday, March 8.

For that reason, the Jakarta Metro Police as the defendant according to the lawyer should not have been able to arrest Rizieq Shihab. This refers to the rules of the Constitutional Court.

"The actions of the respondent are outside the provisions of Article 77.

KUHP (Criminal Code) in conjunction with the Constitutional Court Decision Number 21/PUU-XII/2014 which determines that to determine a person with the status of a suspect, there must be at least 2 sufficient pieces of evidence or 2 valid pieces of evidence", he said.

Also, the lawyer mentions the series of arrests of Jakarta Metro Police which are considered wrong. The reason is, there has been no summons and examination of witnesses.

Moreover, the first investigation order number SP.sidik/4604/XI/2020/Ditreskrimum, dated 26 November 2020, and the second investigation warrant, namely SP.sidik/4735/XII/2020/Ditreskrimum, dated 9 December 2020, there are also legally flaws.

"It has been proven that the arrest warrant for the applicant was issued based on two investigation warrants, this is a deviation from KUHAP and Perkap Kapolri (Chief of Police Regulation) No.6 of 2019 concerning the criminal investigation", he said.

"The arrest warrant Number SP.Kap/2502/XII/2020 Ditreskrimum. The date 12 December 2020 against the applicant is invalid because it contains legal flaws and does not comply with the administrative law set out in the Criminal Procedure Code and also violates the Head of Police Regulation Number 6 the Year 2019, regarding a criminal investigation", added Rizieq's lawyer, Alamsyah.

Rizieq Shihab through his attorney submitted a pretrial application for his detention and arrest in a crowded case in Petamburan, Central Jakarta. This pretrial is registered at number 11/Pid.Pra/2021/PN.Jkt.Sel. The defendant parties are the Criminal Investigation Unit of the National Police and Jakarta Metro Police.

Rizieq Shihab was named a suspect in the crowd case in Petamburan, Central Jakarta in mid-November 2020. In this case, Rizieq is suspected of Article 160 of the Criminal Code concerning the incitement of the Health Quarantine Law.