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JAKARTA, KOMPAS.com – Polda Metro Jaya will explore the obstacles experienced by investigators in delivering a second subpoena to the leader of the Front of Islamic Defenders (FPI), Rizieq Shihab.
The obstruction was carried out by a mob near Rizieq’s home in the Petamburan area, Tanah Abang, central Jakarta, on December 2, 2020.
Polda Metro’s head of Public Relations, Jaya Kombes Yusri Yunus, said the investigation was carried out to determine the element of the obstruction.
“If there is an element of suspicion of article 216 (Penal Code) we will act decisively,” Yusri told reporters at the Jaya Metro Police on Monday (7/12/2020).
Also read: Today, Rizieq Shihab will be examined by the police for violations of the health protocol in Petamburan
Regarding article 216 of the Penal Code, paragraph (1) says: Who deliberately does not obey the orders or requests formulated according to the law by an official whose function is to supervise something, or by an official based on his duty, as well as who is authorized 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.
Therefore, Yusri said, his staff had currently studied the obstruction case before taking action.
“Later we will go over everything first,” Yusri said.
Previously, several people who were members of FPI Laskar erected barricades to prevent investigators from delivering Rizieq’s second summons.
Police also confirmed the incident. However, the FPI representatives eventually received the summons from Rizieq.
“The letter (summons to Rizieq) has been received. The one who received Ustaz Eko,” Yusri said on Wednesday (02/12/2020).
Also read: Rizieq Shihab under police investigation next Monday, FPI reminds his supporters not to come to Metro Polda
Investigators may submit the subpoena after providing understanding to multiple obstructing individuals.
“We convey to them that we, as policemen, have a duty, we have a legal basis,” Yusri said.
It is known that the retransmission of the second summons was made after Rizieq was not present on the agenda of his interrogation on Tuesday (12/1/2020).
FPI’s undersecretary general and legal advisor, Aziz Yanuar, said that Rizieq Shihab’s absence to comply with the police summons was not due to the fact that he was absent from a case of violation of the health protocol that dragged his name.
However, Aziz said, the summons has been represented by him as legal force.
“This is not absent, he is not absent. He is represented by us by the FPI legal assistance team,” Aziz said at the Metro Jaya Regional Police Headquarters on Tuesday.
Aziz explained that Rizieq’s absence from Polda Metro Jaya as a witness was due to health reasons that forced him to rest.
“The reason is that he is still resting, related to last Saturday that he just left Ummi Hospital, Bogor, after resting there. It means that he is still in the recovery stage,” he said.
According to Aziz, the researchers who scheduled to examine Rizieq had already conveyed and accepted this reason.
“Humanitarian and health reasons are related to the fulfillment of the condition of Habib Rizieq Syihab. For that, we thank the police,” he said.
However, this statement was denied by the police, who said that Rizieq’s absence had no clear reasons.
