IMPERIUMDAILY.COM-MALANG-The Bawaslu of the Republic of Indonesia (RI) took a half step in order to secure the Regency/City Bawaslu against violations of article corruption. The threat of this corruption article can be serious because the Regency/City Bawaslu is not a supervisory body that complies with the UU Pemilukada (Election Law) 1/2015 and 10/2016.
The form of security is a delegation letter. RI Bawaslu only delegates the recipient’s approval alias liquid grant from the local government. RI Bawaslu does not support Regency/City Bawaslu related to expenditure of grant funds.
The delegation letter also does not automatically become a legal umbrella for Regency/City Bawaslu to carry out supervision tasks for the upcoming 2020 Pemilukada.
The letter dated September 3, 2019, with regard to the Affirmation of the Delegation of the Direct Grant Agreement Signing. This letter with the Indonesian Bawaslu and the Garuda symbol is submitted to the Chairperson of the Provincial Bawaslu and the Chairperson of the Regency/City Bawaslu.
The delegation statement is on the second sheet of the two letters numbered 0514.A / K.Bawaslu/KU.01.00/IX/2019.
The statement in Roman numeral II it is confirmed that the official authorized/delegated to sign the direct grant agreement as Permenkeu 99/PMK.05/2017 is the Chairperson of the Provincial Bawaslu for the Governor/Deputy Governor Pemilukada.
Whereas Regency/City Bawaslu is given a delegation to the direct grant agreement for the District Head/Deputy Regent and Mayor/Deputy Mayor Election.
In Roman numerals II, there is absolutely no mention of the delegation of expenditure from the grant funds received.
Confirmed that there is no clause in the delegation of expenditure from grant funds, the Indonesian Bawaslu commissioner, Fritz Edward Siregar, has not yet responded.
RI Bawaslu member, Rahmat Bagja, also chose to remain silent when asked for his statement about the absence of a spending delegation clause.
Meanwhile, related to the judicial review of UU 1/2015 to the Constitutional Court proposed by Bawaslu in three districts, has entered its fourth session. The next session will be held on November 12, 2019. The plan for the next session to attend is the delegation from the DPR RI (Indonesian Parliament).
As is known, political observers and also advocate, Dr. Refly Harun, emphasized that Bawaslu Regencies/Cities in Indonesia do not have legal certainty to become supervisors in the 2020 Pemilukada later. If an institution has no legal certainty, it is prone to be prosecuted in a criminal, civil or administrative manner.
The implementation of the 2020 Pemilukada will use the legal umbrella of the 2015/2016 UU Pemilukada and 1/2015 UU Pemilukada. It’s no longer using the reference of UU 7/2017 on Elections.
In fact, the Transitional Provisions in the Law on Election 7/2017, particularly article 563 paragraph (2) have also prohibited the extension of members of an institution called the Regency/City Panwaslu. So it can be said that the Regency/City Panwaslu has been deleted.
“This legal uncertainty is also due to the Constitutional Court (MK) which once decided the Pemilukada was not an election,” said this constitutional law expert to nusadaily.com, Friday (11/01/2019). (nusadaily.com team)