By : Zakaria) *
Rizieq Shihab could protest and rage in sida ng premiere held online. These objections and actions were deemed inappropriate because the legal process so far has been fair and the online trial has been in accordance with the provisions .
The riot had occurred during the trial prime Rizieq held online , the legal counsel of the FPI frontman screaming because of the poor internet. The panel of judges at the East Jakarta District Court also failed to grant Rizieq Shihab’s request to appear in person at the trial.
The court had to be held online, considering that the Covid-19 pandemic has not ended.
The trial to read Rizieq’s pretrial verdict regarding the detention and arrest of the crowd case in Petamburan, has stated that Habib Rizieq’s pretrial was killed.
In his consideration, judge Tunggal Suharno said that the pokik case related to the Petamburan crowd case had been delegated by the police to the prosecutor. In addition, the main trial of the case has also been declared to have started at the East Jakarta District Court.
Suharno also said that the dismissal of the pretrial referred to Article 28 paragraph 1 letter d of 1981 concerning the Criminal Code. Where it is stated that the pretrial lawsuit is declared null and void, the main trial of the case has begun.
The panel of judges also decided to postpone the trial of the reading of the charges against Rizieq Shihab. This is because the trial process which took place virtually drew protests from Rizieq’s attorney .
Initially, Rizieq protested to the judge for not being presented directly to the sidah room. Then the judge suspended the trial to improve the audio quality.
After that, the trial began to resume but protests were still delivered by Rizieq’s team of lawyers . The prosecutor also wanted to read out the indictment first. Rizieq’s lawyer also protested. Until the judge decides to postpone the trial.
The implementation of Rizieq’s trial apparently received the spotlight and rejection from a number of circles. The Judicial Commission (KY) has asked all parties to respect the judiciary.
KY also explained that the virtual trial had been regulated in Perma No. 4 of 2020 on Criminal Administration and Trial electronically signed by the chairman of the Supreme Court.
The head of the judicial commission, Mukti Fajar Nur Dewata, stated that a virtual trial is a solution to solving cases when facing the Covid-19 Pandemic.
On the official KY website, Mukti stated that a virtual trial was conducted to provide legal certainty, benefits and justice for justice seekers. This adjustment is to prioritize the health and safety aspects of the parties.
Mukti Fajar also explained that KY has the authority to maintain the dignity and honor of judges. Therefore, he reminded that even if a trial is conducted online, it must be respected by the parties involved in the case.
Mukti also revealed KY’s commitment to pay special attention by monitoring the trial. KY will process if it is found that acts degrading the judge’s dignity are found.
If the KY finds an alleged violation of the code of ethics by the judge, or behavior degrading the judge’s dignity by the parties, the KY will process it further.
Previously, Rizieq was found to be walking out of the Swab test case trial at the Bogor Ummi Hospital. In the end, the judge reprimanded the prosecutor because the defendant walked out arbitrarily.
After declaring his walkout from the trial to the panel of judges, in the visual that is displayed Habib Rizieq appears to be getting up from his chair. While pointing at the camera, he also asked that the camera be deactivated.
The screen display showing Rizieq seemed lost, even though the voice from the Police Criminal Investigation court was still heard. Rizieq was heard arguing with the officers in the room. He asked to return to his cell which was in the Bareskri detention center .
For Rizieq’s action , Chief Justice Khadwanto reprimanded the prosecutor. Khadwanto emphasized that the defendant was not allowed to leave the courtroom arbitrarily without the panel’s permission.
He has also said that the public prosecutor is obliged to visually accompany and present the defendant in the trial.
Khadwanto also reminded the prosecutors that the same thing would not happen in the next trial. According to him, if Rizieq is not present, the prosecutor is deemed unable to present the defendant at trial.
The trial against Rizieq, of course, has proceeded fairly. The virtual trial by Rizieq is certainly not without reason, the virtual trial is an alternative that can be carried out primarily during a pandemic.
) * The author is a wargnet living in Pekanbaru
