Rizieq Shihab Opening Session, Why Does It Confuse and Anger The Judges? Everyone’s page

JAKARTA, KOMPAS.com – The inaugural trial with former leader of the Front of Islamic Defenders (FPI) Rizieq Shihab took place at the East Jakarta District Court, yesterday Tuesday (3/16/2021).

There are three cases with the defendant Rizieq that should have been tried on Tuesday. First, case number 221 / Pid.B / 2021 / PN.Jkt.Tim related to cases of crowds and violations of health protocols in Petamburan.

Second, case number 225 / Pid.B / 2021 / PN.Jkt.Tim for cases of violations of the sanitary quarantine and allegations of obstruction of agents at the Bogor Ummi Hospital.

Then the final case is number 226 / Pid.B / 2021 / PN.Jkt.Tim for the violation of the health protocol in Markaz Syariah Pesantren Alam Agrokultural, Megamendung, Bogor Regency.

However, only one case was tried, case number 225. Meanwhile, the trial with cases 221 and 226 had to be postponed and rescheduled on Friday (3/19/2021).

Also read: Rizieq’s pre-trial claim is declared void, the lawyer will present a judicial review to the Constitutional Court

The trial for case 225 was carried out virtually. Rizieq is presented virtually through prints live broadcast from Bareskrim Polri’s room.

However, the trial ended in chaos. This is because Rizieq and his team of lawyers want the trial to take place independently. disconnected.

Why did the Rizieq congregation end up in chaos?

The chaos began with the loss of sound from the live broadcast audio. Rizieq’s legal team protested that they could not hear their client’s voice.

“Even now, we don’t hear what our client said, we don’t hear him at all,” said one of Rizieq’s lawyers who attended the East Jakarta District Court trial.

That is why the legal team asked the judging panel to introduce Rizieq directly. This statement was transmitted by Rizieq’s legal team while he was attending the trial of case number 225.

“The condition for an online trial is the consent of the accused, the accused has expressed his disagreement. If this is violated, we are against the principles of the rule of law,” said Rizieq’s lawyer, Munarman.

Rizieq’s power team even yelled and pointed at prosecutors and the panel of judges for refusing to hold a trial in person. disconnected.

What was the judge’s comment?

The panel of judges led by Khadwanto rejected Rizieq’s legal team’s request.

“Based on the results of today’s deliberation, the trial will continue online,” said Panel of Judges Chairman Khadwanto.

What is Rizieq’s response?

According to his team of lawyers, Rizieq also expressed his desire to be presented at the trial. disconnected. He promised to apply health protocol when he attends court sessions. disconnected.

“I want to be present in the courtroom. Not in the Police Headquarters room. But in the East Jakarta District Court room,” Rizieq said in a teleconference connection.

Also read: Preliminary Fall of Rizieq Shihab, Lawyer: As long as a single judge, a decision at will

Rizieq even compared his trial to trials in other cases where the defendant was still present in person.

Like Inspector General Napoleon Bonaparte some time ago, he could appear in the courtroom. Why don’t I do it? I see that this is an act of discrimination that cannot be tolerated, ”Rizieq said.

The former FPI leader even admitted that he had sent letters to the Supreme Court, the Judicial Commission and the Panel of Judges of the East Jakarta District Court to present in person.

Furthermore, Rizieq decided to withdraw because the panel of judges rejected his request for an offline trial.

“I’m sorry, a thousand I’m sorry. Because this concerns my destiny. I have been in prison for three months. I want this trial to be fair. I want this court to help me obtain my rights and my freedom to go to court,” Rizieq said.

“If the trial is forced online, I said I didn’t attend the trial. I will leave this room and will not attend the trial. I apologize, “Rizieq said.

Rizieq then got up from the chair shown on the screen. He even had time to ask the officers to turn off the camera.

“Please turn it off, because it must be off,” Rizieq said.

After that, the appearance of Bareskrim’s room in the Police Headquarters was not visible. However, Rizieq’s voice was still heard.

What was the response from the panel of judges?

The judging panel was also confused by Rizieq’s attitude in choosing to retire. The panel of judges then asked the prosecutor about the continuation of the trial and Rizieq’s whereabouts after exiting the trial.

“The prosecutor asks for your attention. Presenting the defendant in the visual room in Bareskrim is your duty, do you understand?” Said the Chief Justice of the Panel of Judges, Khadwanto.

Also read: Rizieq Shihab had claimed to be healthy after being declared positive for Covid-19 and symptomatic

Khadwanto was furious at Rizieq’s attitude. According to him, a defendant cannot leave the trial without the permission of the panel of judges.

“The defendant is not allowed to leave the courtroom seat without the permission of the panel, it must be like that,” Khadwanto said.

Prosecutors were immediately busy calling to confirm Rizieq’s whereabouts.

“The temporary information from the panel shows that the person in question escaped from the courtroom,” the prosecutor said.

Is the defendant allowed to retire?

Article 154 of the KUHAP regulates the judicial procedure. Article 154, paragraph 1, of the Code of Criminal Procedure stipulates that the presiding judge has the right to summon an accused to initiate a trial.

Article 154, paragraph 1, says: the presiding judge ordered the accused to be called and, if detained, to be processed in free status.

There was no explicit explanation for the defendant’s attitude that he was allowed to leave the trial or leave. Article 154 of the Penal Code only stipulates that the presiding judge has the right to postpone the trial if the accused is not present at the trial without a clear reason.

Article 154, paragraph 6, says: the presiding judge ordered that the accused be summoned and, if detained, that he be processed in free status.

Also read: Pre-trial fall, this is the response of lawyer Rizieq Shihab

What are the consequences after the defendant withdraws?

University of Indonesia criminal law expert Indriyanto Seno Adji said Rizieq’s departure was a form of obstruction of the legal process or obstruction of justice.

According to Indriyanto, the exit step could harm Rizieq.

“Because he will lose the right to defend himself that the law grants him,” Indriyanto said.

In fact, according to Indriyanto, trials can still be performed virtually in a health emergency such as the Covid-19 pandemic. This provision is regulated in Regulation Number 4 of the Supreme Court of 2020.

“All of this is precisely to prevent the spread of the pandemic while minimizing the crowd’s impact exposure to Covid-19,” he said.