Rizieq Shihab Walkout In Front Of Judges, What Are The Legal Consequences?

Screenshot of the Rizieq Shihab trial which was held virtually

JAKARTA - Rizieq Shihab walked out or left the room at the Police Criminal Investigation Unit during the trial of the UMMI Hospital Bogor swab test case, but would continue to accept it if the trial was held online.

So, what are the legal consequences for Rizieq Shihab with his walkout?

It all started when the panel of judges opened the trial. Then, Rizieq Shihab and his team of lawyers asked that the online trial be changed to offline. In essence, Rizieq asked to be presented at the trial.

The panel of judges had discussions to decide on the request. Finally, the presiding judge Khadwanto rejected the request.

"So we have answered directly regarding the request," said Khadwanto at the trial at the East Jakarta District Court, Tuesday, March 16.

However, Rizieq Shihab immediately interrupted. He said that he had conveyed his desire to be present at the hearing long ago by letter. And that letter, Rizieq Shihab believes it has been received by the East Jakarta District Court.

"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," the judge replied.

Hearing this, Rizieq made another statement. He still wants to appear in person at the trial.

"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," Rizieq Shihab replied.

"If my online trial is forced to declare myself not to attend the trial, I will leave," Rizieq continued.

Until finally, Rizieq Shihab stated that he left the room at Bareskrim Polri to reject the virtual trial. In fact, there were shouts from Rizieq Shihab.

"This is a legal matter, don't force it. This is my right, ”said Rizieq.

Meanwhile, the panel of judges was surprised that Rizieq Shihab left the room without permission. Supposedly, there were officers from the public prosecutor watching him.

"There is already trial management, the defendant may not leave the courtroom seat without the panel's permission. Yes, if the defendant without permission casually leaves, there has never been an ongoing trial. It can't be like that, "said Khadwanto.

Rizieq Shihab and his lawyer, from the beginning of the trial, had rejected the virtual trial. Rizieq Shihab attended the trial from Bareskrim Polri. Meanwhile, judges, prosecutors and lawyers are in the East Jakarta District Court.

"Why was the defendant not there? Please answer it the same as the court here. Can he go? You can't, you just go. So this must be understood, the analogy is the same as this trial, ”said the judge.

On the other hand, the legal consequences for Rizieq Shihab with his walkout action can be reflected in a similar issue, namely the trial of I Gede Ari Astina alias Jerinx.

Jerinx also walked out in the inaugural hearing of the 'WHO lackeys IDI' hate speech case.

Although in the end, the panel of judges granted his request to be presented in person, member of the panel of judges I Made Pasek considered that Jerinx's walkout would be a reason for criminal weighting. The action was deemed to have injured the judiciary (contempt of court).

"The defendant had left the courtroom as a protest against the trial which was carried out online, where the action was not supposed to be done because it injured the court's authority and the defendant's actions were carried out continuously," said Made Pasek.

There are a number of common situations associated with trial walkouts. Usually the walkout is carried out by witnesses, attorneys, or even judges. Each action has consequences and a different legal perspective. In the case of Rizieq Shihab and Jerinx, the defendant carried out a walkout.

As the judge at the trial Jerinx said, there were consequences of the walkout by the defendant. In addition to increasing penalties, walkouts can cause legal harm. For example, lost opportunities to extract facts and truths from the trial. In fact, extracting the facts of the trial is very much needed to determine the defense strategy.

Regarding the weighting of the sentence due to the walkout, a criminal law expert from Trisakti University, Abdul Fickar Hadjar, confirmed that this perspective is the authority of the judge. However, he also emphasized that judges must be fully aware of the legal situation.

"That is a matter of the judge's authority. But the right to defend oneself with clear communication is the right to justice. So what is the difficulty in presenting it?" he said.