JAKARTA - Constitutional Law expert Refly Harun said the administration of sanctions or fines is considered sufficient in the case of violators of health protocols (prokes). Therefore, there is no need for criminal sanctions in the case.
The statement was delivered by Refly when presented as an expert in the trial of alleged crowd and violation of the proceedings for defendant Rizieq Shihab and five former FPI officials.
Initially, Rizieq Shihab asked Refly Harun about the use of Article 160 of the Criminal Code on sedition. In fact, in the case of violations of the prokes there are already fines.
Then, Refly also answered if in a case can be resolved in a way outside the law. That is, do not use criminal proceedings.
"If sanctions such as non-criminal sanctions can be applied and those who receive such sanctions are also compliant for example. Yes then we are talking to let alone criminal sanctions for the case," Refly said in a hearing at the East Jakarta District Court, Monday, May 10.
Later, Refly also alluded to the law not being used as a tool for revenge. Supposedly, in law enforcement should prioritize restorative justice.
"For example in the matter of prokes if all violations of the prokes mala in prohibita it is close in the criminal law all. So based on the principle of equality before the law and discriminatory principles must all be processed in order to uphold these two principles," he said.
"It is not possible that is not the purpose of the law, the purpose of the law is social order. If the human being has been disciplined has obeyed for example, to let alone punished," continued Refly.
In fact, Refly asserted in the application of criminal law must be proven at least 2 reasons that cause a health emergency. It's just that, in the case of violations of this prokes is difficult to prove.
"Well if from there it's hard we have to prove it then bringing this into the criminal realm is no more ineportible," said Refly
To be known, in the case of petamburan crowd, Rizieq and five former FPI officials are accused of sedition to create a crowd in Petamburan in the wedding ceremony of his daughter and the prophet Muhammad SAW maulid.
Meanwhile, in the case of Megamendung crowd, Rizieq was charged with violating health quarantine rules by attending an event at Markaz Syariah Agrocultural Boarding School, Megamendung, Puncak, Bogor Regency on November 13, 2020.
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