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Habib Rizieq himself was charged with two articles, namely article 160 of the Penal Code and article 216 of the Penal Code in relation to the crowd of supporters during his daughter’s wedding in Petamburan, central Jakarta, on November 14. It carries a maximum penalty of six years in prison. (Also read: No more subpoenas, the police confirm that Habib Rizieq will be arrested)
“If you read the Criminal Procedure Code and PERKAP 6/2019 you can. Because the arrest does not have to be preceded by a summons. But it must be preceded by the determination of the suspect,” said the executive director of the Center for the Development of Investigations the Universitas Brawijaya Criminal Justice System (Persada UB), Fachrizal Afandi when contacted. SINDOnews, Friday (11/12/2020).
Fachrizal explained that if Habib Rizieq objected to the suspect’s determination, he could file a pre-trial request. “If the suspect objects to forcible detention and determination of the suspect because he has never been asked for information, he can submit a pre-trial request,” he explained.
Although the determination of the suspect Habib Rizieq was considered to be so swift, Fachrizal said it was a formal procedure as a subjective assessment by police investigators.
“If they are sure they have obtained at least two pieces of evidence according to procedural law, there is no problem if HRS objects to these two pieces of evidence, they can present it before trial,” he said. (Read also: West Java Regional Police Ditreskrimum sends second citation of Habib Rizieq)
In addition to Habib Rizieq, the police also named five other people as suspects. The suspicion of HU as president of the committee is subject to article 93 of Law No. 6 of 2018. For A as Secretary of the Committee, MS in charge of security, SL in charge of events, and HI head of the events section will be subject to article 93 of Law Number 6 of 2018.
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