NUSADAILY.COM-MALANG – The problem of supervision in the simultaneous Pemilukada 2020 continues. Even thousands of Regency/City Bawaslu commissioners who receive supervision funding grants from the Pemda (local government) can get caught up in the corruption article.
Considering that the institution is not entitled to receive and spend grants from the Pemda as mandated by the UU Pemilukada (Regional Election Law) 10/2016.
At the end of last October the Malang Regency Government became the last Pemda to sign the Regional Grant Agreement Manuscript (NPHD) with Malang Bawaslu.
When referring to the UU Ombudsman Act 37/2008 and the Anti-Corruption Law, the administration misuse is the beginning of a criminal act of corruption.
Administrative misuse behavior is exceeds the authority, using authority for other purposes than the purpose of the authority. Including negligence or neglect of legal obligations in the administration of public services carried out by State Administrators and governments that cause material and/or immaterial losses to the public and individuals.
“Indeed, not all administrative misuse can be categorized as Corruption. But in the Anti-Corruption Law, administrative misuse are the starting point for corruption. ” Said Wiwit Tuhu, LBH Surabaya Pos Malang lawyer stated at nusadaily.com when asked for a response.
East Java Bawaslu member Totok Hariyono confirmed that formally, the Regional Election Bawaslu was not mentioned in the UU Pemilukada. There is a Regency/City Panwas.
But in material terms, the supervisory agency exists. The people are exist, and they carry out election oversight tasks.
“Materially, it’s same. Because there are institutions, there are people and the work done is also the tasks of election control, “said Totok.
Bawaslu RI, continued Totok, has also made efforts to correct the existence of the legal flaw.
The first attempt is to submit a judicial review to the Constitutional Court (MK). Data nusadaily.com, the judicial review was registered in the Constitutional Court as Case Number 48/PUU-XVII/2019.
The second effort is being prepared for the delegation of authority from the Bawaslu RI to the Regency/City Bawaslu for supervisory tasks in the district/city.
“There are two option that we are doing. To provide a
legal umbrella in the regions, “said Totok.
Are there any efforts to temporarily stop the work of Regency/City Bawaslu? Considering the legal consequences that will be borne by the Regency/City Bawaslu. Totok insisted there was none.
“The stages are going and we are not stopping. There is more important benefit legal principle, “said the former member of Malang Bawaslu Committee.
Regarding the possibility of the Pemda delaying the granting of grants to the Regency/City Bawaslu, Totok assessed that the Bawaslu RI had clearly taken steps. For example, always coordinating with the Kemendagri and the Kemenkeu.
“The Bawaslu RI always coordinates with the Mendagri (Minister of Home Affairs) and the Menkeu (Minister of Finance). This Pemilukada is not a Bawaslu event, but a joint work for the Indonesian people, “he stressed. (nusadaily team)