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ALOKASI ANGGARAN UNTUK MEMBIAYAI KUASA HUKUM PEMKAB MALAKA DIPERTANYAKAN

ALOKASI ANGGARAN UNTUK MEMBIAYAI KUASA HUKUM PEMKAB MALAKA DIPERTANYAKAN

CORPSNEWS,  NTT – Peraturan Menteri Dalam Negeri (Permendagri) Nomor 12 tahun 2014 tentang Pedoman penanganan perkara di lingkungan Kementerian Dalam Negeri (Kemendagri)  dan Pemerintah Daerah pada Pasal 2 ayat (3) menyebutkan bahwa “Penanganan perkara hukum di lingkungan Kabupaten/Kota dilaksanakan Bagian Hukum Kabupaten/Kota diwilayahnya”. Selanjutnya Pasal 31 menyatakan bahwa “Segala biaya yang diperlukan dalam pelaksanaan penanganan perkara di lingkungan Kementerian Dalam Negeri, Provinsi dan Kabupaten/Kota dibebankan pada Anggaran Pendapatan dan Belanja Negara; Anggaran Pendapatan dan Belanja Daerah Provinsi; Anggaran Pendapatan dan Belanja Daerah Kabupaten/ Kota; dan Sumber lainnya yang sah dan tidak mengikat”.

Berkaitan dengan Permendagri nomor 12 tahun 2014, Pasal 2 ayat (3) dan Selanjutnya pada Pasal 31 tersebut Meridian Dewanta Babo SH, Advokat yang juga Koordianator TIM Pembela Demokrasi Indonesia Wilayah NTT mempertanyakan Alokasi Anggaran untuk membiayai Kuasa Hukum Pemkab Malaka melaui rilis resminya.

BACA JUGA: Polres Malaka Tidak Perlu Gubris Laporan Pidana Pemkab Malaka Terhadap Alfred Baun

Berikut rilis resminya yang di terima redaksi:

PATUT DIPERTANYAKAN ALOKASI ANGGARAN UNTUK MEMBIAYAI KUASA HUKUM PEMKAB MALAKA

Rakyat Kabupaten Malaka selaku pemegang kedaulatan tertinggi atas perjalanan roda pemerintahan di Kabupaten Malaka wajib mempertanyakan dari mana alokasi anggaran untuk membayar biaya jasa Advokat bagi Stefanus Matutina selaku pihak yang mengaku sebagai Kuasa Hukum Pemerintah Kabupaten Malaka dalam berbagai kasus-kasus hukum yang saat ini sedang dihadapi oleh Bupati dan Ketua DPRD Kabupaten Malaka.

Dalam berbagai sepak terjangnya selaku pihak yang mengaku sebagai Kuasa Hukum Pemerintah Kabupaten Malaka maka Advokat Stefanus Matutina justru cenderung memposisikan dirinya untuk bertindak atas nama Bupati Malaka Stefanus Bria Seran dan juga Ketua DPRD Malaka Adrianus Bria Seran, menyangkut pembelaan atau advokasi terhadap tuduhan pencemaran nama baik maupun penyebaran berita bohong yang ditujukan kepada kedua figur kakak dan adik kandung tersebut dalam
pusaran dugaan korupsi Proyek Pengadaan Bibit Bawang Merah tahun anggaran 2018 yang menyebabkan negara dirugikan sebesar Rp 4,9 miliar dari total nilai proyek sebesar Rp 10,8 miliar di Kabupaten Malaka yang membuat Kadis Pertanian Malaka Yustinus Nahak serta 8 (delapan) pihak lainnya telah ditetapkan sebagai para tersangka oleh Polda NTT.

Semestinya kalau hanya sekedar membela Bupati dan Ketua DPRD Kabupaten Malaka untuk membuat Laporan Pidana pencemaran nama baik dan penyebaran berita bohong serta melakukan pendampingan terhadap pihak Pelapor dalam proses penyelidikan dan penyidikan di institusi kepolisian maka sudah ada Bagian Hukum Pemerintah Kabupaten Malaka yang bisa menanganinya tanpa perlu menghambur-hamburkan uang rakyat dari APBD Kabupaten Malaka demi menggunakan jasa Advokat profesional dari luar daerah. Apa gunanya Bupati Malaka Stefanus Bria Seran mengangkat dan melantik Kepala Bagian Hukum Pemkab Malaka kalau ternyata tidak diberdayakan profesionalismenya dalam penanganan persoalan-persoalan hukum yang dihadapi oleh Pemerintah Kabupaten Malaka.

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PERATURAN MENTERI DALAM NEGERI NOMOR 12 TAHUN 2014
TENTANG PEDOMAN PENANGANAN PERKARA DI LINGKUNGAN KEMENTERIAN DALAM NEGERI DAN PEMERINTAH DAERAH pada Pasal 2 ayat (3) menyebutkan bahwa “Penanganan perkara hukum di lingkungan Kabupaten/Kota dilaksanakan Bagian Hukum Kabupaten/Kota diwilayahnya”. Selanjutnya Pasal 31 menyatakan bahwa “Segala biaya yang diperlukan dalam pelaksanaan penanganan perkara di lingkungan Kementerian Dalam Negeri, Provinsi dan Kabupaten/Kota dibebankan pada :
a.Anggaran Pendapatan dan Belanja Negara;
b.Anggaran Pendapatan dan Belanja Daerah Provinsi;
c. Anggaran Pendapatan dan Belanja Daerah Kabupaten/ Kota;
dan
d.Sumber lainnya yang sah dan tidak mengikat”.

Boleh-boleh saja atau tidak ada larangan bagi Pemerintah Kabupaten Malaka untuk menggunakan jasa Advokat profesional sepanjang Pemerintah Kabupaten Malaka memang tidak memiliki intutusi Bagian Hukum yang kuat dan profesional serta memang ada ketersediaan anggaran pada APBD Kabupaten Malaka demi membiayai jasa Advokat profesional.
Namun demikian penggunaan APBD Kabupaten Malaka demi membiayai jasa Advokat profesional itu benar-benar dialokasikan untuk pembelaan persoalan-persoalan hukum yang bersifat kelembagaan, sehingga bila menyangkut suatu kasus pidana atas nama pribadi serta tanggung jawab individu maka proses pembelaan dan pendampingannya seharusnya tidak menggunakan APBD Kabupaten Malaka.

Bahkan menurut kami alangkah mulia dan sangat berkeadilan bila anggaran bantuan hukum pada APBD Kabupaten Malaka dialokasikan untuk membiayai jasa Advokat profesional demi membela rakyat miskin dan tidak mampu di Kabupaten Malaka yang membutuhkan pembelaan hukum dalam menghadapi berbagai kasus hukum dialaminya.

Jakarta, 18 April 2020

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(MERIDIAN DEWANTA DADO, SH – ADVOKAT PERADI / KOORDINATOR TIM PEMBELA DEMOKRASI INDONESIA WILAYAH NTT / TPDI-NTT)

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