Criminal Law Expert: Detention of Richard Lee Is Justified; Refusal to Attend Hampers Legal Proceedings
Criminal law expert Hibnu Nugroho of Jenderal Soedirman University explained that the detention of influencer and beauty professional Richard Lee by the Metro Jaya Police is legally defensible. He notes this is particularly so given the suspect in a case involving suspected consumer protection violations related to beauty products and services has shown non-cooperation during the investigation.
‘In detention there are two requirements: objective and subjective. The objective relates to a potential sentence of more than five years, while the subjective relates to concerns about flight, destruction of evidence, or obstructing the examination,’ Nugroho said in a statement on Sunday (8/3).
He said the investigators’ decision to detain Richard Lee also relates to the suspect’s pattern of not responding to summons for questioning.
‘If you are summoned several times and do not appear, and then the suspect conducts a live TikTok, that is appropriate as a lesson. It is part of the investigators’ discretionary right,’ he said.
Nugroho assessed that detention is also important to prevent the investigation from dragging on. He added that law enforcement has a duty to ensure cases proceed quickly in line with the principle of speedy criminal procedure. ‘In criminal procedure, the principle of expedition is important. Anyone under investigation in a criminal process should have their case resolved promptly,’ he said.
He added that if the investigation drags on or is delayed, it could raise other legal issues, including potential lawsuits against law enforcement officers. ‘If it drags on, investigators can be legally challenged for delaying the case,’ he said.
Regarding the evidence, Nugroho said the investigation is likely to involve experts, especially in forensic pharmacology. This is necessary to confirm whether the cosmetics in question truly contain hazardous substances or violate health regulations. ‘The forensic pharmacology expert will explain whether the product contains particular substances, whether they are dangerous or not. That will form the basis of the evidence,’ he said.
He also stressed that cosmetic product cases need to be handled seriously because of their potential to harm the broader public. He said that the circulation of problematic cosmetics is not rare. ‘This is a very common issue. Therefore authorities must act quickly to prevent more victims in the community,’ he said.
Moreover, Nugroho emphasised that the detention in this case could serve as a warning for businesses in the cosmetics sector to be more careful in marketing their products. ‘If the suspect is cooperative, detention is not necessary. But if not cooperative, coercive measures such as detention can be taken to ensure the principle of expediency in handling the case is upheld,’ he concluded.