JAKARTA - Criminal law expert at the Islamic University of Indonesia (UII) Yogyakarta, Prof. Mudzakir, assessed that the use of Article 216 of the Criminal Code in Rizieq Shihab's case regarding the UMMI Bogor Hospital was a wrong address.
Because, there is no deterrent element that is violated in the case.
According to him, in the article the official context in question is the supervisor, investigator and investigator. So, in this series of cases there is no deterrent element.
"(Article) 216 essentially did not comply with requests by two officials. The first official is a supervisory officer. The second official is an official such as an investigator or investigator," said Mudzakir during a trial at the East Jakarta District Court, Wednesday, May 19.
Mudzakir also gave an example, in a series of cases in the hospital, the official is a doctor. Because, it is the doctor who has the authority.
Even in the context of handling COVID-19, doctors still have the authority. This is because the task force does not have the authority because it is only a policy to assist in handling it.
"So what prevents doctors from examining is what is considered obstacles," he said.
"Prevent, obstruct, and thwart. Everything that causes the officer or official to be unable to carry out their duties," he continued.
But if someone does an action, said Mudzakir, it's just that officials can still do their job, it does not fall into the category of obstructing.
"But if the officer is still able to carry out his duties, it will not qualify to prevent them from getting in the way and thwart," he said.
As for this case, Rizieq Shihab was charged with Article 14 paragraph (1), paragraph (2), Article 15 of Law Number 1 Year 1946 concerning Criminal Law Regulations and / or Article 14 paragraph (1), paragraph (2) Law 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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