Pilkada September Cacat Hukum!

Manado-Anggaran Pilkada telah ditetapkan, nota kesepakatan dengan Pemprov terakomodir, namun KPU Sulut kabarnya memolorkan tanggal pelaksanaan Pilkada Sulut 2010. Kebijakan Livie Allouw, Cs dinilai berbenturan dengan hukum yang berlaku.

Dikabarkan, jadwal pelaksanaan Pilgub berdasarkan hasil pleno, Rabu (17/03) dinihari, yang dipimpin langsung Livie Allouw selaku ketua KPUD Sulut dan dihadiri angotanya, masing-masing Karyanto Martham, Ir Jeffry Delarue, Rivai Poli SH, dan Dr Frangky Tulungen, telah ditetapkan berlangsung pada 16 September 2010.

Ketua Komite Independen Pemantau Pemilu (KIPP) Anton Mihardjo khawatir dengan waktu tersebut. Anton memprediksi, Pilgub September bisa mengakibatkan resistensi khususnya dari masyarakat. “Tapi itu hanya salah satu dampak negatif yang akan dihadapi, sebab ingat, kita akan melaksanakan pemilihan di provinsi dan enam kabupaten dan kota, artinya bakal ada 7 caretaker. Untuk memrosesnya akan butuh waktu yang tidak singkat, jadi jelas Pilkada September sangat berisiko,” jelasnya.

Anton melanjutkan, akhir masa jabatan pemimpin daerah dan hari pelaksanaan pemilihan ditenggat dengan waktu yang tidak singkat. Artinya, bisa menjurus ke kekosongan pemerintahan.

“Nah ini masalahnya lebih besar lagi, sebab bisa-bisa kelowongan pemerintahan akan membuat banyak program serta pelayanan masyarakat yang tidak berjalan maksimal,” katanya.

Payung hukum soal pelaksanaan Pilkada sebenarnya sudah jelas. Mengacu ke UU Nomor 32 tahun 2004 tentang Pemerintahan Daerah, pasal 65 ayat 2 meminta agar DPRD memberitahu kepala daerah kemudian ke KPU mengenai akhir masa jabatan. PP nomor 6 tahun 2005 tentang Pemilihan, Pengesahan Pengangkatan dan Pemberhentian Kepala Daerah dan Wakil Kepala Daerah, pasal 2 ayat 1 juga menegaskan hal sama.

Sedangkan pada pasal 3 ayat 1 meminta kepala daerah menyerahkan laporan pertanggungjawaban kepada DPRD paling lambat 30 hari setelah pemberitahuan DPRD. UU nomor 22 tahun 2007 tentang Penyelenggaraan Pemilihan Umum malah lebih krusial lagi karena pasal 70 ayat 1 langsung menyebut bahwa pemungutan suara pemilihan diselenggarakan paling lambat 30 hari sebelum masa jabatan kepala daerah berakhir.

“Artinya, bila kepala daerah provinsi Sulut akhir masa jabatannya pada 13 Agustus, maka hari pemilihan digelar paling lambat minus 30 hari kalender dari tanggal itu, atau sekitar 14 Juli 2010,” kata Anton. “Sudah jelas, berlawanan dengan UU, Pilkada September adalah cacat hukum,” timpalnya lagi.

Pada bagian lain, Ketua Konfederasi Serikat Pekerja Indonesia (KSPI) Sulut, Tomny Sampelan, menilai adanya wacana untuk mengelar Pilkada Sulut tidak tepat waktu pada bulan Juli 2010, mencerminkan kinerja KPU sebagai lembaga penyelenggara hajatan politik, tidak professional menjalankan amanat, aturan dan ketentuan perundang-undangan.

Menurut Sampelan, tidak ada alasan yang cukup mendasar bagi KPU untuk menunda Pilkada di Sulut. Sebab, merujuk pada aturan dan ketentuan perudang-undangan manapun yang mengatur tentang Pilkada, pemilihan kepala daerah di Sulut harus tetap dilaksanakan Juli 2010 tahun ini.

"Untuk itu, kami mendesak KPU Sulut agar supaya sesegera dan secepat mungkin menyampaikan penetapan tahapan-tahapan Pilkada menyusul telah diketuknya alokasi dana Pilkada,” tegas Sampelan.

Sekarang yang paling penting adalah bagaimana institusi KPU langsung action melalui penyampaian terbuka tentang tahapan dan jadwal hari “H” Pilkada. “Ini penting supaya public bisa menilai kinerja personil KPU, apakah betul-betul melakukan tugas untuk kepentingan masyarakat umum atau bekerja berdasarkan titipan dari bakal calon gubernur atau kelompok tertentu,” ujar Sampelan curiga.

“Kami menilai, berdasarkan pertimbangan kondisi daerah saat ini yang stabil dan kondusif ditambah kesepakatan dana yang sudah disahkan serta dukungan politik melalui lembaga DPRD yang sudah representatif, Pilkada Sulut dapat dipastikan berlangsung aman dan damai pada bulan Juli 2010,” tambah Sampelan menjelaskan. (BR/sulutonline)

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