By: Agung Tri Laksono) *
It is very unfortunate if the figure of Rizieq Shihab considers that the indictment of the public prosecutor contains slander, in fact there is not one letter or words that read slander aimed at the former frontman of the Islamic Defenders Front. In fact, law enforcement against Rizieq is a legal construction based on various evidence and statements of valid sanctions.
The prosecutor has also denied that Rizieq Shihab’s accusation that the contents of the indictment are just slander. For the prosecutor, the charges that have been prepared are solely related to the law. The prosecutor stated that Rizieq Shihab’s exception was only his complaint as a defendant. The prosecutor has also asked the panel of judges to set aside the exception.
Meanwhile, with regard to Rizieq, who compared the crowd to various national figures and state officials, according to the prosecutor, this was irrelevant. The prosecutor also emphasized that he had not criminalized the activities of the birthday of the Prophet Muhammad SAW called Rizieq. The prosecutor said the defendant’s statement was inaccurate, because it only highlighted or displayed the activities of the Prophet Muhammad’s birthday. In fact, apart from the activities of the Prophet Muhammad SAW’s birthday, the defendant also organized his son’s wedding which was attended by approximately five thousand people, along with the defendant who organized his child and was attended by thousands of people.
Moreover, previously, the defendant also made the inauguration of the groundbreaking at the Sharia headquarters at Pondok Pesantren Megamendung, Bogor Regency. Rizieq Shihab also gave a harsh warning to the judges and prosecutors, his mouth also felt light, making various threats regarding the punishment in the hereafter. Rizieq Shihab, who had the opportunity to attend the trial offline, apparently did not change his attitude. He could still use various swear words.
Initially, the prosecutor considered that Rizieq’s exception was not the scope of the exception as stipulated in the Criminal Procedure Code. The prosecutor considered that Rizieq’s exception was only an argument based on Al-Qur’an arguments. The prosecutor also said that the defendant’s objection was not part of the applicable legal argument, but only in the nature of the defendant’s argument using the holy verses of the Al-Qur’an and the hadith of the Prophet Muhammad which were not equivalent in the application of general crimes in Indonesia.
Then, the prosecutor also quoted the hadith of Prophet Muhammad SAW regarding law enforcement and justice. The prosecutor read a hadith about how the Prophet Muhammad SAW acted fairly to people who made mistakes, even though the guilty person was his descendant. In this hadith, the descendants of the Prophet are described as Fatimah, the son of the Prophet Muhammad. However, from the many quotes from the holy verses of the Koran and the hadith of the Prophet Muhammad, the public prosecutor was knocked to quote them, when Rasulullah SAW gathered his companions who said ‘actually the people have perished before you because if there is someone in their midst, or those who are considered noble or honorable, steal or are tolerated, but if someone among them is weak or commoner steals, then the law is upheld, by Allah, if Muhammad’s daughter Fatimah stole, I would cut her hands off.
From the words of Rasulullah SAW, the public prosecutor interprets whoever is guilty, the law must still be upheld, as the legal adidium reads & fiat justitia et pereat mundus, by upholding the values of justice as a role model, Rasulullah SAW even though Fatimah is a daughter, and dzurriyah descendants directly from the Prophet Muhammad SAW, justice still applies by punishing him.
During the trial, Rizieq Shihab was charged with incitement to cause a crowd in Petamburan who was deemed to have violated the rules regarding the corona virus pandemic (Covid-19). The crowd occurred in connection with the wedding invitation of Rizieq Shihab’s daughter as well as the commemoration of the Prophet Muhammad’s birthday.
For what he did, the former high priest of FPI was charged with multiple articles. Among them is the megamendung case article 93 of Law Number 6 of 2018 concerning Health Quarantine or Article 14 paragraph (1) of Law Number 4 of 1984 concerning infectious disease outbreaks or Article 216 paragraph (1) of the Criminal Code.
Apart from getting punished, of course Rizieq Shihab needs to learn the quotations from the Qur’an and Hadith that are appropriate to the context. Not to cover up his mistakes. Anyone who is still an Indonesian citizen, of course, must obey the applicable law. If there is a defense, of course it must be conveyed subtly, not in anger or even threatening.
) * The author is a citizen living in Banten