Legal Counsel: Extension of Habib Rizieq's Detention Violates Procedure
Thursday, August 12, 2021
Faktakini.info, Jakarta - Today, Thursday (12/8/2021) at Jalan Matraman Raya No. 64, East Jakarta, a Joint Statement of Position Supports the Release of Habib Rizieq Shihab from Detainee.
Habib Rizieq Shihab's legal counsel firmly stated that he did not accept the decision to extend the detention period for 30 days by the DKI Jakarta High Court (PT). The attorney revealed that the determination procedure violated the rules because the warrant was signed by a PT representative which created legal uncertainty and violated human rights.
"That the letter of detention order number 1831/penpid/2021 of PT DKI dated August 5, 2021 which was signed by the deputy chairman of the panel of judges of the DKI Jakarta High Court creates legal uncertainty and harms the human rights of Grand Imam Habib Rizieq Syihab," said HRS Center Director, Dr Abdul Chair Ramadan.
The statement of attitude regarding the determination of the extension of the detention period was signed by the Defending Team for Ulama and Activists chaired by Eggi Sudjana. Then the leader of the Rizieq Syihab Advocacy Team, Aziz Yanuar. Indonesian Muslim Advocacy Association, Abdulah Al Katiri, President of the Association of Criminal Law Experts, Muhammad Taufiq, Chairperson of LBH Pelita Ummah Chandra Purna Irawan, Communication Forum for the Ulema Kiai Haji Ahmad Rifai Adam, Caucus for Defenders of the High Priest Rizieq Syihab and the Association for the Defense of Islam.
Abdul said that Habib Rizieq's detention could not be carried out because the panel of judges made an appeal to process the case at the Bogor UMMI Hospital as a consideration for the PT DKI Jakarta judge to make the detention until now. He considered that the detention violated article 27 paragraph 1 of the Criminal Procedure Code (Book of the Criminal Procedure Code).
"Detention must also be based on a detention order from the district court as long as there is no such detention order, the defendant must be released from detention," he said.
The following is a complete statement from the Legal Team regarding the extension of Habib Rizieq Shihab's detention.
1. That the letter of determination of the detention order number 1831/pen pid/2021 of PT DKI dated August 5, 2021 which was signed by the deputy chairman of the panel of judges of PT DKI Jakarta created legal uncertainty and harmed the human rights of the High Priest Habib Rizieq Syihab based on article 27 paragraph 1 of the Criminal Procedure Code that those entitled The detainee is a judge of the High Court but at the time the aquo decision was issued, it turned out that the panel of appellate judges had not yet been formed. Detention must also be based on a detention order from the district court as long as there is no such detention order, the defendant must be released from detention.
2. Whereas in the consideration points it is stated that due to the detention period of the defendant Muhamamd Habib Rizieq Syihab in case number 221 pidsus 2021, East Jakarta District Court in conjunction with number 171 pidsus 2021 PT DKI Jakarta will end on August 25, 2021 while the decision of the panel of judges PT Jakarta on The case was confirmed with a sentence of 8 months and the detention period based on the decision ended on August 8, 2021, therefore it was deemed necessary to detain the defendant Muhammad Rizieq bin Husein Shihab alias Habib Rizieq Shibab in the case 225 pidsus 2021 at the East Jakarta District Court.
3. That we can interpret these considerations in the case of the Petamburan process that has been used as an extension of the case for the UMMI Hospital, this can be seen from the detention period ending on August 8, 2021 which was then followed by a detention order dated August 9, 2021 for a maximum of 30 days in other words the determination of the detention order is based on the case of the mining process
4. That in the case of the UMMI Hospital, the Honorable Imam Rizieq Shibab, from the investigation stage to the examination in court, no detention was ever carried out. The court in the aquo case also never ordered detention, therefore it cannot be justified to extend the detention using another case, in this case the case of the scattering health protocol.
5. That the warrant of PT DKI cannot be accepted as a definite legal fact. The arrest warrant is null and void. Reaffirmed null and void. Repeated is null and void and therefore cannot be followed up
6. Whereas based on the foregoing matters, we support various legal efforts to fulfill legal certainty and the noble human rights of the High Priest Habib Rizieq Shihab in the context of his release from detention so that the status of the prisoner is no longer attached to the person concerned.