JAKARTA - The defendant in the case of the UMMI Hospital Bogor swab test, Rizieq Shihab, questioned the expert presented by the public prosecutor (JPU) regarding the category of lies included in the indictment. Because, he believes that he does not spread fake news.
In the trial, the expert presented was an expert in the Sociology of Criminal Law from Trisakti University, Trubus Rahardiansyah.
Initially, Rizieq alluded to the issue of Article 14 paragraph 1 of the Criminal Code. Then, he questioned the question of honesty in the elements of the article
"I want to ask about article 14 paragraph 1, it states who broadcasts false news or reports on purpose and so on, so if the news is a lie, it is clearly an element of this verse? But if the reporting is not a lie, what is the element of this verse?" asked Rizieq during a trial at the East Jakarta District Court, Wednesday, May 5.
"No," answered Trubus.
Then, Rizieq also touched on motives. He questioned that the article could ensnare someone who has no motive on purpose to cause trouble.
"Here there is the word deliberately publishing chaos with the aim of making uproar if he has no motive for no purpose and there is no intention of this mischief is included in paragraph 1?" asked Rizieq.
"No," said Trubus.
In fact, Rizieq likens the problem of a child who does not know the true condition of his father. But because of the many rumors, the boy gave the news that his father was in good health.
Moreover, there have been no results of a medical examination and at that time the father of the child stated that his body was fine.
"Is the boy motivated to suppress hoaxes with the aim of creating calm, not chaos. Then he states what it is, what he sees and according to his father's statement. Is that a lie?" asked Rizieq.
"No," answered Trubus.
In the case of the UMMI Hospital swab test, Habib Rizieq Shihab was accused of having spread fake news or hoaxes that caused confusion about his health condition that was exposed to COVID-19 while at the Bogor UMMI Hospital.
Habib Rizieq in the case 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 the RI Law Number 4 of 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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