Rizieq Shihab Must Understand, The Trial Was Held Online To Avoid Crowds

Rizieq Shihab at Polda Metro Jaya (Photo: Wardhany / VOI)

JAKARTA - Muhammad Rizieq Shihab does not want to attend the trial of the alleged crowd case at the East Jakarta District Court. Even Rizieq Shihab came out, aka walkout during the trial regarding the swab test case of the UMMI Hospital in Bogor.

Rizieq did not accept that the trial was held online. The former leader of the Islamic Defenders Front (FPI) wanted to attend the trial directly.

However, Rizieq must understand that the panel of judges at the East Jakarta District Court has certain considerations to decide that the trial will be held online, with Rizieq at the Bareskrim Polri.

According to a criminal law expert from the University of Indonesia, Indriyanto Seno Adji, online trials are legal in the eyes of the law. Given, this legitimacy is strengthened by the Supreme Court Regulation No.4 of 2020.

"Indeed, there is a Supreme Court Regulation. It is clear that the online trial was conducted with the consideration of the COVID-19 pandemic as a health emergency," said Indriyanto to VOI, Tuesday, March 16.

According to Indriyanto, Rizieq should be able to understand that he has a large mass of supporters. In the trial which was held online today alone, many of Rizeq's supporters gathered at the East Jakarta District Court.

In fact, they were asked to disperse by the police on guard because Rizieq was not physically present at the East Jakarta District Court. It is feared that the crowd of supporters will transmit the corona virus.

"It is true that holding online trials is justified and all this is precisely to prevent the spread of the pandemic, as well as to minimize the impact on the crowds exposed to COVID-19," he said.

Regarding the decision to walk out, according to Indriyanto, it was Rizieq's right. Normatively, the law leaves all of this up to the individuals involved in the case to obey or disobey the trial process.

"However, Rizieq Shihab's walkout leaving the trial did not stop the case process and the judge was able to continue the trial process without Rizieq's presence. After being reminded but still not present, Rizieq was deemed to have given up his rights as a defendant in this pro justitia trial," he explained. .

Walkout seconds

This incident began during a debate between the lawyer, Rizieq Shihab and the panel of judges. The debate was about the desire of the lawyer and Rizieq Shihab to be presented directly at the trial. Not a virtual trial.

The judge rejected that wish. After deliberating on the request, the panel of judges decided to continue to run the trial virtually.

"So we have answered directly regarding the petition," said the presiding judge delivering the results of the deliberation at the East Jakarta District Court.

Rizieq Shihab immediately interrupted. He emphasized that he had conveyed his wish long before the trial.

"So I have conveyed the letter directly to the panel of judges, and we have a receipt that has been sent to the MA and KY," said Rizieq.

"The panel of judges has not seen the file yet," said the judge in response.

Rizieq Shihab said the file had been received by the East Jakarta District Court. Thus, he asked for this trial to be carried out directly.

"Sorry, sorry, because I have been jailed for 3 months. I want this trial to be fair. I want to get my rights and my freedom to attend the trial," said Rizieq Shihab.

He also questioned the number of prosecutors present at the trial. While he was only one person, he was not allowed to attend.

"If many prosecutors can attend, why can't I be alone," said Rizieq.

"The answer of the panel of judges was that today's trial had no technical problems or anything. That the results of the trial deliberations would be conducted online," said the judge in response.

Hearing this decision, dozens of attorneys for Rizieq Shihab immediately took a stand against the trial. They immediately walked out of the courtroom.

"We will not take part in the online trial, I walked out. The trial is with a wall," said the lawyer as he left the courtroom.

Well, this is where Rizieq Shihab came out of the courtroom at the Police Criminal Investigation Unit. Rizieq was seen standing up and immediately leaving the courtroom.

"I will not attend this trial and will leave. I apologize, especially since my lawyer is already a WO, I apologize, thank you," said Rizieq, followed by a takbir vote at the East Jakarta District Court.

Rizieq also asked all instruments regarding the trial to be switched off. "Please turn it off, please turn it off. Thank you," said Rizieq.

However, the camera and audio from the courtroom at Bareskrim Polri were not turned off. In fact, Rizieq's voice was heard arguing with prosecutors at the National Police Criminal Investigation Unit.

"You don't interfere, this is a matter of law. You don't force this to be my right," said Rizieq loudly.

The judge also reminded the prosecutor to bring Rizieq Shihab back to court. This is because the trial could not be held without Rizieq's presence.

"The prosecutor please bring the defendant back. It shouldn't be that easy for the defendant to leave the courtroom," said the judge.