REPUBLIKA.CO.ID, JAKARTA — National Police decided to let Habib Bahar bin Smith returned home following determination as suspect of hate speech against President Joko Widodo (Jokowi). Police has own consideration on the decision.
According to National Police spokesman Syahar Diantono, investigators had some considerations. Investigators believed that Habib Bahar would not run away, committed act that violated law, or eleminate the evidences.
Syahar said investigators believed Habib Bahar would be cooperative in undergoing the examination. Thus, there is no detention that made.
“However, investigation process will continue to run,” said Syahar on Friday (Dec 7).
Syahar refused to speculate about the possibility of the detention of Habib Bahar on the next days. He stressed that detention is decided by investigators.
“The consideration is subjective. If the three things are not fulfilled, maybe investigators will reconsider it (detention),” Syahar said.
In one of his lectures back in January 2017, Habib Bahar allegedly spreaded hate speech against Jokowi. He said Jokowi as a traitor of the country and the people as the president did not respond to the ulemas request to meet during 411 rally on November 4, 2016.
The 411 rally was known as the Second Action to Defend Islam to call for the prosecution of then-Jakarta governor Basuki Tjahaja Purnama or Ahok for blasphemy. Jokowi left the Palace and continued his agenda to review airport train railways project.
“If you meet Jokowi, you can open his pants, maybe he has menstruation because he seems like a sissy,” Habib Bahar said.
As a respond of his lecture, Habib Bahar was reported to National Police by Jokowi Mania Secretary General. In addition, the report also came from Cyber Indonesia Muannas Aladid to Jakarta Police.
So far, police has examined 15 witnesses related to habib Bahar case.There were 11 public witnesses and four expert witnesses in the examination.
In addition, eight evidences also have been seized. Police has made this case into investigation stage.
Previously, Habib Bahar has been scheduled to be questioned by National Police Criminal Investigation Unit (Bareskrim) on last Monday (Dec 3). However, he failed the summon, but on Thursday (Dec 6) he finally fulfilled the second summon at 11.28 WIB (Indonesia West Standard Time).
He was known to be questioned until 23.00 WIB. Then, he was named as suspect after the examination.
Previously, Habib Bahar bin Smith vowed that he would not apologize for his lecture allegedly contained an insult to President Joko Widodo (Jokowi). He also said that he prefered to be detained in prison, rather than apologize over his speech.
“I will never apologize, I prefer to be rotten in prison, Allahu Akbar,” Habib Bahar said in Monas, Central Jakarta, on Sunday.
Habib Bahar allegedly violated Article 28 paragraph (2) and Article 45 A paragraph 2 Law No. 11/2008 as amended by Law No.19/2018 on Information and Electronic Transactions (ITE). In addition, he also allegedly violated Article 4 letter b number 2 and Article 16 Law No. 40/2008 on Elimination of Racial and Ethnic Discrimination and Article 207 Criminal Code (KUHP) with criminal penalties of more than five years in prison.
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