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Putusan MK  Nomor 48/PUU-XVII/2019 Keluar, Dewi: Ini Memperjelas Legalitas Bawaslu Jelang Pilkada

Putusan MK Nomor 48/PUU-XVII/2019 Keluar, Dewi: Ini Memperjelas Legalitas Bawaslu Jelang Pilkada

Pangkalpinang – Badan Pengawas Pemilihan Umum – Bawaslu Provinsi Kepulauan Bangka Belitung mengapresiasi putusan Mahkamah Konstitusi (MK) Nomor 48/PUU-XVII/2019 tentang Permohonan Pegujian Undang-Undang 10 Tahun 2016 tentang Pemilihan Gubernur, Bupati, dan Walikota atau biasa disebut Undang-Undang Pilkada yang dikeluarkan oleh Mahkamah Konstitusi Republik Indonesia.

Putusan ini dinilai dapat memberikan kepastian hukum legalitas Bawaslu Kabupaten/Kota dalam melaksanakan fungsi pengawasan Pilkada 2020, sehingga bawaslu bisa melakukan fungsi penegakan hukum, fungsi pengawasan, yang mendadi dasar peranan bawaslu.

Dalam putusan tersebut, MK memberikan penafsiran baru mengenai apa yang dimaksud dengan Panwaslu tingkat kabupaten/kota yang sebelumnya bersifat Ad hoc (sementara) sehingga dapat langsung dilaksanakan sebagai lembaga permanen sesuai legalitas berdasarkan Undang-Undang Pemilu Nomor 7 Tahun 2017.

Anggota Bawaslu Provinsi Kepulauan Bangka Belitung Dewi Rusmala

mengungkapkan dengan adanya Putusan MK ini akan memperjelas peran Bawaslu Kabupaten/Kota terutama dalam melakukan pengawasan pilkada 2020,
“ini jawaban dari pertanyaan kita dalam menghadapi pilkada 2020, dengan adanya nomenklatur panwas di undang-undang pilkada dengan bawaslu di undang-undang nomor 7 tahun 2017 maka dapat memperkuat proses pengawasan pilkada”, ucap Dewi.
Dewi juga menjelaskan perbedaan nomenklatur dalam Undang-Undang Pilkada 10 Tahun 2016 dengan Undang-Undang Pemilu Nomor 7 Tahun 2017 menjadi persoalan terutama dalam hal kewenangan yang nantinya akan dilakukan Bawaslu Kabupaten/Kota yang sebelum bernama Panitia Pengawas Pemilu (Panwaslu). Perlu diketahui, perbedaan nomenklatur dalam UU Pilkada 10/2016 dengan yang ada di UU Pemilu 7/2017 menjadi persoalan terutama kewenangan yang nantinya dimiliki oleh Bawaslu Kabupaten/ Kota.

“Putusan ini sangat penting bagi Bawaslu untuk meneguhkan dan memberi legalitas bagi jajaran Bawaslu Provinsi dan khususnya Bawaslu Kabupaten/Kota untuk melaksanaksn tugas-tugasnya,” tegas Dewi.

Dengan adanya putusan tersebut telah dinyatakan bahwa frasa Panwas Kabupaten/Kota dimaknai Bawaslu Kabupaten/Kota konstitusional, maka dengan sendirinya mempersamakan jumlah Anggota Bawaslu Provinsi dan jumlah kabupaten/kota sesuai dengan jumlah dalam UU Pemilu Nomor 7 Tahun 2017 baik dalam penyelenggaraan pemilu maupun pilkada. “Artinya hal ihwal yang berkenaan dengan pengisian jabatan anggota Bawaslu Kabupaten/Kota yang kemudian diberi wewenang mengawasi pemilihan di tingkat kabupaten/kota seharusnya juga disesuaikan dengan perubahan yang terjadi dalam UU Pemilu 7/2017,” tutup Dewi.

Dirinya menambahkan, Bawaslu berharap dengan adanya putusan tersebut jajaran di bawahnya dapat melakukan kerja pengawasan dan penindakan saat Pilkada 2020 dan segera melaksanakan putusan MK ini.
Perlu diketahui, putusan ini dibacakan Ketua Majelis Hakim Anwar Usman didampingi delapan anggota majelis hakim lainnya, yakni Aswanto, Saldi Isra, Manahan MP Sitompul, Suhartoyo, Wahiduddin Adams, Arief Hidayat, Enny Nurbaningsih, dan Daniel Yusmic P Foekh.

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Sedangkan permohonan uji materi UU Pilkada 10/2016 ini diajukan oleh Ketua Bawaslu Sumtra Barat Surya Efitrimen, Ketua Bawaslu Kota Makassar Nursari, dan Anggota Bawaslu Kabupaten Ponorogo Sulung Muna Rimbawan. (Sumarwan)

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