JAKARTA - Habib Bahar bin Smith was again thrown into Gunung Sindur Prison because he was deemed to have committed several violations in carrying out the assimilation program. Even after being detained again, Habib Bahar is now transferred to the Nusa Kambangan Prison.
A criminal law expert from Al Azhar University, Suparji Ahmad, considered that Habib Bahar's re-arrest was logical. Because, there have been rules or provisions that have been violated. So, the arrest is a consequence of what he did.
"If the behavior violates the law, then they will be subject to legal sanctions again. This action is a logical consequence that must be borne by those concerned," said Suparji, Wednesday, May 20.
However, the detention of Habib Bahar must be clarified in detail. The Directorate General of Community Affairs must explain what violations constitute the basis for the detention.
If a violation of the PSBB rules is the basis, the punishment that is given should be a social one. For that, it must be explained clearly so that it does not become a prolonged polemic.
"In the context of PSBB violations, the sanctions are generally administrative or social. Arrest and detention need to be clarified so that there is clarity and do not become polemic," Suparji said.
Habib Bahar was moved to Nusa KambanganThe Head of the Public Relations and Protocol Section of the Directorate General of Corrections, Rika Aprianti, confirmed that Habib Bahar's detention was transferred to the Batu Nusakambangan Class I Prison. This transfer was the result of coordination from the Special Headquarters of Mount Sindur, the Head of West Java Regional Office, and the Director General of Corrections.
"Habib Bahar has been transferred from the Gunung Sindur Special Prison to the Batu Nusakambangan Class I Lapas on Tuesday night, 19 May 2020 with police escort," Rika said.
The transfer, based on several considerations. At least there were several things that finally decided to move Habib Bahar to Nusa Kambangan. The first is related to security. This is because since the supporting masses were in front of the Mount Sindur Special Prison, they had taken provocative actions by destroying the fence.
In addition, considering the matter of Mount Sindur Special Prison, which is inhabited by convicts for terrorist cases and drug dealers. So, if the provocateurs from Habib Bahar's supporters continue to be, it is feared that the conditions will not be conducive and could disturb the security of order.
"The disturbance of where and order was caused by the mass sympathizers," said Rika.
Then the last question is about the large and unified mass of supporters. Thus, it violates the Covid-19 Handling Health protocol and has the potential for the spread of the virus.
"To prevent violations of the COVID-19 protocol that were caused by a crowd of sympathizers," Rika concluded
The revocation of Habib Bahar's assimilation was based on the assessment of the Bogor Bapas Social Officer who supervised him. Habib Bahar is considered to have committed a violation.
Then, Habib Bahar participated in giving lectures that contained provocative content or spread hostility and hatred towards the government. In fact, the lecture went viral on social media and had an impact on public unrest.
So, finally, by being involved in lecturing activities, Habib Bahar was also said to have violated the large-scale social restrictions (PSBB) because he gathered a lot of people. So, there is the potential for transmission of COVID-19.
"Violating PSBB rules in a COVID-19 emergency situation in Indonesia, by having gathered the masses in the implementation of his lecture," said Reynhard Silitonga, Director General of Corrections at the Ministry of Justice and Human Rights.
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