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The FPI crowd prevented Polri members from serving subpoenas to HRS.
REPUBLIKA.CO.ID, JAKARTA – General Idham Azis, Chief of the National Police, stated that the state should not be inferior to community organizations (ormas) that use killing methods to obstruct the law enforcement process in Indonesia .
This statement was made by Idham regarding efforts to intercept police by the Front of Islamic Defenders (FPI) in serving a subpoena to Habib Rizieq Shihab in Petamburan, Central Jakarta.
“The state cannot lose to the mass organizations that carry out mafia actions. We will brush them all. Indonesia is a country of law. All elements must be capable of maintaining public order and security, “Idham said in his statement on Thursday (03/12).
The four-star general also asked everyone Interested or even mass organizations must comply with the legal umbrella in force in Indonesia. According to him, the criminal threat is clearly regulated for parties trying to obstruct the law enforcement process in Indonesia.
“There are criminal penalties for those who try to prevent officers from carrying out the law enforcement process,” Idham said.
Idham also assured that the National Police will thoroughly investigate the alleged violation of the health quarantine, that is, in this case the alleged violation of the health protocol (prokes) in several events attended by Rizieq.
“The National Police always prioritize the principle of Salus Populi Suprema Lex Exto or the safety of the people is the highest law,” said the former head of the Police Criminal Investigation Unit.
Currently, the National Police is investigating suspected violations of the health protocol in the Rizieq event as established in article 93 of Law Number 6 of 2018 on Health Quarantine that says: Any person who does not comply with the implementation of the Health Quarantine referred to in article 9 paragraph (1) and / or obstructs- obstructing the implementation of the Sanitary Quarantine, causing a Public Health Emergency to be sanctioned with a prison sentence of a maximum of 1 (one) year and / or a maximum fine of Rp. 100,000,000.00 (one hundred million rupees).
Meanwhile, article 216 subsection 1 of the Penal Code establishes: Who deliberately does not comply with the orders or requests made in accordance with the law by an official whose function is to supervise something, or by an official based on his functions, as well as those who have the power to investigate or examine a criminal act; Likewise, whoever deliberately prevents, obstructs or frustrates the actions to enforce the provisions of the law by one of these officials, will be sanctioned with a maximum prison sentence of four months and two weeks or a maximum fine of Rp. 9,000.
Article 160 of the Penal Code itself establishes that “ Any person who in public, orally or in writing, incites a criminal act, commits violence against a general authority or does not comply with both the provisions of the law and an ex officio order issued with Based on the provisions of the law, it will be punished with imprisonment. a maximum of six years or a fine.
Previously, lawyer Habib Rizieq Aziz Yanuar said that his client did not rule out the possibility of obeying the police summons. Provided the client is provided with a logical explanation of the legal basis for the summons.
“If there is a clear legal basis, the legal relevance is logical (ready to be convened),” Aziz said on November 19, 2020.
In addition, Aziz said, his client demanded that the police respect his principles. equality before the law or the same treatment in the eyes of the law in the alleged mass collector.
Aziz asked the mastermind behind the mass meeting at another event to also be called by the police. For example, Gibran Rakabuming Raka, who provoked a crowd at Pilwalkot Solo and Eri Cahyadi, did the same at Pilwalkot Surabaya.
“The National Police is obliged to apply equality before the law stipulated in articles 27 and 28 d of the 45 Constitution and article 7 of Law 6/2018 against Gibran in Solo and Eri Cahyadi in Surabaya,” said Aziz.
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