Legal expert calls article 216 suspect of Habib Rizieq …

JAKARTA – Polda Metro Jaya has put Habib Rizieq Shihab became a suspect in a mob case in Petamburan, Jakarta. The suspicious articles, namely article 216 of the Penal Code regarding combat agents, article 160 on sedition and article 93 of Law no. 6/2018 on the Sanitary Quarantine Law.

Trisakti University criminal law expert Abdul Fickar Hadjar said that the suspicion of article 216 KHUP regarding officers against Habib Rizieq unfounded and does not meet the elements. He said Rizieq had not prevented the officers on duty. According to him, when Habib Rizieq was not present at the summons twice, a third call should have been made, namely a forced call.

“Article 216 of the Penal Code goes against the official, in the context of the official is fulfilling the duty is prevented. If in the context of the HRS it is called twice does not come should be based on the Penal Code three times forced to come, Article 216 of the Penal Code is not applied, it is not contextualized and it does not comply with the elements, “he said when contacted on Saturday (12/12/2020). (Read it too: Polda Metro Jaya determines Habib Rizieq as a suspect among the crowd in Petamburan )

As is known, Habib Rizieq and five other people were named suspects in connection with the crowd in Petamburan, Jakarta, some time ago. Regarding article 160, it says: “Whoever incites in public, orally or in writing, to commit a criminal act, to commit acts of violence against a public authority or does not comply with the provisions of the law or with a mandate issued based on in the provisions of the law, he will be punished with the maximum penalty of imprisonment, six years or a maximum fine of four thousand five hundred rupees “.

For its part, article 216 of the Penal Code, which establishes: “Whoever deliberately does not obey orders or requests made in accordance with the law by an official whose function is to control something, or by an official based on his functions, is also authorized to investigate or examine a criminal act; Any person who deliberately prevents, obstructs or frustrates the action to enforce the provisions of the law committed by one of these officials, will be sanctioned with a maximum prison sentence of four months and two weeks or a fine maximum of Rp9,000.Read it too: FPI receives arrest letter from Habib Rizieq Shihab)

(abd)