Article 160 of the Penal Code cannot apply to Habib …

JAKARTA – Constitutional law expert Refly Harun criticized the decision of the police to catch Grand Imam of the Islamic Defenders Front (FPI) Habib Rizieq Shihab with article 160 of the Penal Code on sedition. Refly emphasized that Habib Rizieq could not be bound by this article.

“Because using article 93 (Sanitary Quarantine Law) is less manly, less aggressive, less likely to be used as a means of legitimacy to arrest and detain, for example, article 160 is used which in my opinion should not be imposed on Habib Rizieq, ”Refly said. SINDOnews of the video titled ‘THE ARTICLE APPLIED TO HRS FORCE !!’ which airs on Refly Harun’s YouTube channel.

It is known that Polda Metro Jaya charged Habib Rizieq Shihab, a suspect in the crowd case in Petamburan, with two articles, namely article 160 of the Penal Code on Sedition and article 216 of the Penal Code. The threat of punishment is six years in prison.Also read: Articles 160 and 216 of the Penal Code are suspected, Habib Rizieq are threatened with 6 years in prison ).

“Where is the element of incitement? Then from the element of incitement comes the effect. Where did the result come from? Also, when the dreaded effect did not occur,” Refly Harun said.

Refly said he knew there were Covid-19 controls on Petamburan residents. According to the information he received, five people who were affected by Covid-19. However, the five did not attend the event in question. “They asked him about the holidays. That’s the information I got.”

(Read also: Humanist treatise, Habib Rizieq becomes Imam of Maghrib Prayers in Polda Metro Jaya ).

Refly continued, there was nothing to worry about in the crowd anymore. However, a very strong warning must be given, even if the administrative fine is even higher if this is possible.

“So you are not taking a criminal approach to incarcerating, arresting people, detaining people like the current trend is, a little wrong, to arrest.”

(zik)