The Judge's Answer, Criminal Experts Call The Crowd Of Petamburan The Responsibility Of Rizieq Shihab

Rizieq Shihab during a speech at his residence, Petamburan (Photo: Irfan Meidianto)

JAKARTA - Criminal law expert from Al Azhar University Prof. Agus Surono called Rizieq Shihab responsible for the crowd in Petamburan. This is because Rizieq Shihab is the owner of the location where the crowd occurred.

This statement began when the judge asked Agus for his opinion on the existence of a crowd case. This case is likened to the Petamburan case.

"There was a crowd during the COVID-19 pandemic. During this period, the police (and) police prevented them from preventing it. Then there was a violation of health protocols, my question is, where is the person responsible, who is responsible? there, there is a Satpol PP there, he can't prevent it, what is his accountability? " said the judge during the trial at the East Jakarta District Court, Thursday, April 29.

Then, Agus answered that if the crowd occurred in a house, then, the owner of the house was responsible.

In addition, the home owner also has an obligation to urge people in the house to implement health protocols.

"First, of course the owner of the house is responsible for what happens in his house. Then is there any attempt by the owner of the house to remind him of the health protocol," said Agus.

In fact, when the judge emphasized that the owner of the house did not know it, Agus still argued that the responsibility for crowds rests with the owner of the house.

"This is the condition of the house owner who does not know that suddenly someone has come because he heard a story. Didn't the host want to come?" asked the judge.

"Yes, but no matter what, the owner of this house is responsible for what happens in his house," said Agus.

Hearing this answer, the judge gave more detail to the question. In this matter, it is questionable that law enforcement is also the responsible party.

"Then there are legal officers who can't prevent it?" asked the judge.

"Of course, what will be done by the law enforcement apparatus and other officials, whether the person concerned has made certain efforts or not is another matter," said Agus.

"What is clear is that when the legal incident occurred in my house, I am responsible for what happened in my house," continued Agus.

In the alleged violation of the health protocol in Petamburan, Rizieq Shihab was charged with incitement to the appearance of a crowd at his daughter's wedding as well as commemorating the Prophet's birthday. This crowd is taking place in the midst of the COVID-19 Pandemic.

Rizieq was charged with violating Article 160 of the Criminal Code in conjunction with Article 93 of Law Number 6 of 2018 concerning Health Quarantine in conjunction with Article 55 paragraph 1 to 1 of the Criminal Code and or Article 82 paragraph 1 in conjunction with Article 59 paragraph 3 letters c and d Law Number 16 of 2017 concerning Community Organization jo Article 55 paragraph 1 to 1 KUHP in conjunction with Article 10 letter b KUHP in conjunction with Article 35 paragraph 1 KUHP.