JAKARTA - The panel of judges at the East Jakarta District Court (PN) rejected the objection or exception note filed by Rizieq Shihab and his team of lawyers in the case of the swab results of the Bogor UMMI Hospital. That way, the trial of this case will proceed to the stage of witness examination.
"To completely reject the objections or exceptions of the defendant and the defendant's team of attorneys," said chief judge Khadwanto at the trial at the East Jakarta District Court, Wednesday, April 7.
With the rejection of this opinion, the East Jakarta District Court has the authority to try the case. Until later it was decided whether Rizieq Shihab was guilty or not in the case of the results of the swab test at the UMMI Hospital in Bogor.
Then, the panel of judges also assessed that the indictment made by the team of public prosecutors (JPU) was in accordance with the applicable regulations. Thus, this indictment can be used as a basis for case examination.
"It states that the general prosecutor's letter of case registration number PDN01 / JKT.TIM / EKU / 03/2021 dated March 4, 2021 on behalf of the defendant Muhamamd Rizieq Shihab has been drafted carefully, clearly and completely," said Khadwanto.
"Ordered the public prosecutor to continue investigating case number 225 / Pid.Sus / 2021 / PN.Jaktim on behalf of the defendant Muhammad Rizieq Shihab," continued Khadwanto.
For information, in this case Rizieq Shihab was accused of spreading fake news or hoaxes that caused confusion. This false news is related to his health condition which was confirmed positive for COVID-19 while at UMMI Hospital in Bogor, West Java.
"Doing, who ordered to do, and who participated in the act, by broadcasting false news or reports, deliberately publishing disturbances among the people," said the prosecutor reading out the indictment at the trial at the East Jakarta District Court, Friday, March 19.
The spread of this fake news began when Rizieq Shihab wrote to the Medical Emergency Rescue Comitte (MER-C) on November 12, 2020. The contents were about a request for a medical check-up.
Then, on November 23, Hanif Alatas, the defendant's son-in-law, contacted Dr. Hadiki, who was appointed by MRE-C as a companion. The contents of the conversation reported the condition of the defendant who was experiencing health complaints.
Dr. Hadiki asked Hanif Alatas' permission to check the defendant's health. As a result, the defendant tested positive for COVID-19. In fact, the defendant's wife, Fadlun bint Fadil, was declared exposed.
Rizieq Shihab and his wife were then treated at the UMMI Hospital, Bogor on November 24, 2020. Both underwent treatment in the President Suite, 5th floor, room number 502.
The news about the defendant Rizieq Shihab, who was undergoing treatment, was spread. Thus, the Managing Director of UMMI Hospital, Dr. Andi Tatat, gave a statement regarding Rizieq Shihab's healthy condition on November 26.
Then, Hanif Alatas sent a video containing information on the well-being of the defendant to Zulfikar via the WhatsApp short message application. The video was then uploaded by the Youtube channel of the UMMI Official Hospital on November 29.
"In the video the defendant appears providing information and information that contains: Assalamualaikum warahmatullahi wabarokatuh, alhandulillah wa thank God, I am currently at the UMMI hospital and soon we will return home," said the prosecutor.
In fact, two days earlier Kompas TV uploaded a video showing Hanif Alatas conveying that Rizieq Shihab was in good health. In addition, the video also shows Rizieq still receiving guests and eating together in the hospital room.
"Even though the statement in the video did not match the results of the antigen swab examination by dr. Hadiki Habib against the defendant and his wife who were declared COVID-19, it was confirmed by the results of the examination by dr. Nerina Mayakartifa as the medical record of UMMI Hospital number 022678 on behalf of Moh. Rizieq with a diagnosis of COVID-19 Pneumonia, "said the prosecutor.
According to the prosecutor, this video resulted in a riot. This is because the Padjadjaran Bersatu Community Forum (FMPB) held a demonstration on November 30. The action was carried out because the masses believed Rizieq Shihab was still positive for COVID-19 but had been discharged from the hospital.
"With the video showing which contradicts the reality, it creates confusion among the people and causes uproar both for and against," said the prosecutor.
Rizieq Shihab was charged with Article 14 paragraph (1), paragraph (2), Article 15 of Law Number 1 of 1946 concerning Criminal Law Regulations and / or Article 14 paragraph (1), paragraph (2) of Law of the Republic of Indonesia Number 4 years 1984 concerning Communicable Disease Outbreaks and / or Article 216 of the Criminal Code in conjunction with Article 55 paragraph (1) 1st of the Criminal Code.
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