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Jakarta, CNN Indonesia –
President of Legal Aid REITSugito Atmo Pawiro assessed that the police were pushing their will too much because they caught them Rizieq Shihab with the article of sedition.
This is different from the article on slavery that was attached to the other five suspects in the crowd case at an event in Petamburan, central Jakarta, last month.
“Isn’t it that if there are already special criminal rules, then the general criminal rules can be set aside? a special law repeals the general law. Article 93 of the Sanitary Quarantine Law, ”Sugito said through an official statement on Sunday (12/13).
He explained that Rizieq had previously received administrative sanctions because activities in the DKI Jakarta area were still implementing Large Scale Social Restrictions (PSBB).
Therefore, he said, Rizieq should no longer need to receive a criminal sentence.
“The existence of custodial sentences that can also be accumulated with fines means that this legal norm does not conform to the principle of certainty or lex certa) and is also less firm in regulating (strict law), “he said.
According to him, too, in Indonesia it is often said that the principles apply the ultimate cure or criminal penalties are the last option in the law enforcement process.
“By looking at the criminal articles applied to HRS, we can confirm that there are efforts by investigators to enforce their will so that HRS can be arrested and detained,” he said.
Therefore, according to him, the use of articles 160 and 216 of the Penal Code should no longer be linked to the actions of Rizieq. He emphasized that this case was a reflection of unfair practices and legal insecurity.
The head of the Public Relations Division of the National Police, Inspector General Argo Yuwono, was reluctant to comment on many of the FPI’s allegations regarding the application of the incitement article against his great imam.
Argo asked the public to wait for the investigator’s work to be completed and to be openly proven later in court.
“Let the investigators work on completing the file. Then we will see the trial together, to make it clear,” Argo said via short message to CNNIndonesia.com.
In this case, Rizieq Shihab was detained for 20 days by investigators from the Polda Metro Jaya. He was charged with article 160 of the Penal Code on sedition and article 216 of the Penal Code with the threat of up to 6 years in prison.
Meanwhile, suspects other than Rizieq are subject to Article 93 of Quarantine Law Number 6 of 2018 with the threat of a 1-year prison sentence.
(mjo / gil)
[Gambas:Video CNN]
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