Health Law Experts Presented By Rizieq: Violators Of The Rules Can Not Be Penalized Fines And Criminal

Rizieq Shihab (VOI)

JAKARTA - Health law expert of Gadjah Mada University (UGM), M. Luthfi Hakim said violators of the Quarantine Law cannot be punished with criminal sanctions and fines. According to him, the flow of one type of sanctions given to violators.

The statement was delivered by Luthfi when answering the question of Rizieq Shihab's attorney in the trial of the alleged crowd and violation of health protocol.

Initially, Rizieq's lawyers alluded to the fines that had been given to the person responsible for crowd violations. It is also questionable if the penalty has been paid, whether the offender can be penalized.

"Do you think the experts who paid the administrative sanctions can still wear criminal charges again?", asked the lawyer in a hearing at the East Jakarta District Court, Monday, May 17.

Luthfi also replied firmly if violators could not be imposed two sanctions at once. If there is already a penalty fine, then it should all be done.

"Can't, because of what? Because the sanctions (administration) it is already a restorative punishment. So it has restored a community situation to its original condition", Luthfi replied.

In fact, according to Luthfi, the application of criminal sanctions and fines simultaneously is not justified. According to the expert presented by Rizieq Shihab must be determined one of the sanctions applied.

"So if sanctioned again, then, he gets double sanctions and it's not raised in the criminalization", he said.

Rizieq Shihab in this case is accused of sedition to create a crowd in Petamburan in the wedding ceremony of his daughter and the Birthday of Prophet Muhammad.

In incitement, according to the prosecutor Rizieq was assisted by five former FPI officials (charges separately). They are Haris Ubaidillah, Ahmad Sabri Lubis, Ali Alwi Alatas, Idrus aka Idrus AL-Habsyi, and Maman Suryadi.

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 of the Criminal Code in conjunction with Article 10 letter b KUHP in conjunction with Article 35 paragraph 1 of the Criminal Code.