Michael Jacobus Sebut Paslon Suara Terbanyak di Pilkada Bisa Didiskualifikasi MK

Michael Remizaldy Jacobus SH MH.(ist)

Bitung, VivaSulut.com – Advokat muda Dr (c) Michael Remizaldy Jacobus SH MH menyatakan Pasangan Calon (Paslon) yang meraih suara terbanyak di Pilkada 2024 bisa didiskualifikasi atau dibatalkan.

Pernyataan itu disampaikan advokat yang kini berkantor di Jakarta ini setelah mencermati proses Pilkada yang kini dalam tahapan pleno tingkat kecamatan oleh KPU.

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Menurutnya, saat ini Mahkamah Konstitusi (MK) bukan lagi Mahkamah Kalkulator yang terpaku pada angka ambang batas atau electoral thershold semata-mata.

Akan tetapi, kata dia, telah terdapat dua putusan MK yang menegaskan keberpihakan MK sebagai penjaga Pilkada yang jujur dan adil, yakni membatalkan calon terpilih yang ditetapkan oleh KPU.

“Ada dua Putusan MK yang menjadi rujukan, yakni terkait Pilkada 2020 di Kabupaten Boven Digoel dan Kabupaten Sabu Raijua dimana MK membatalkan calon terpilih dan memutuskan untuk melaksanakan Pemungutan Suara Ulang (PSU) secara menyeluruh karena calon terpilih melanggar Undang-undang Pilkada tentang persyaratan sebagai calon,” kata Michael, Senin (2/12/2024).

Ia menjelaskan, calon bupati terpilih Sabu Raijua dibatalkan karena ternyata berwarga negara Amerika, sehingga telah melanggar ketentuan Pilkada tentang persyaratan.

Selanjutnya, calon bupati terpilih Boven Digoel dibatalkan karena ternyata tidak memenuhi syarat jeda lima tahun setelah menjalani hukuman.

“Fakta ini menunjukan, bahwa selisih 2% bukan jadi patokan lagi, jika terdapat pelanggaran-pelanggaran yang berakibatkan pada diskualikasi calon tidak dibereskan secara adil dan konstitusional oleh KPU, Bawaslu, PTUN bahkan DKPP,” katanya.

Kandidat doktor Fakultas Hukum Trisakti ini ini juga menyatakan, kedudukan MK saat ini benar-benar menjadi penjaga konstitusi dan penjaga esensi Pemilu yang jujur dan adil, sehingga setiap strategi Paslon dalam memenangkan pertarungan dan juga komitmen para penyelenggara baik KPU maupun Bawaslu untuk konsisten menjaga jalannya Pilkada yang konstitusional, jujur dan adil akan menjadi garansi bagi calon terpilih untuk dapat mempertahankan kemenangannya.

“Walaupun ada celah untuk dibatalkan, namun bagi calon terpilih yang mengedepankan “permainan yang fair” atau fair play, saya kira tidak perlu kuatir akan dibatalkan MK, jika digugat. Akan tetapi bagi Paslon yang terzolimi oleh praktik-praktik kecurang Saya kira masih memiliki kesempatan untuk menegakan demokrasi yang konstitusional,” katanya.

Artinya, jelasnya, jika ada yang menggugat ke MK, itu harus dipandang secara positif, bahwa yang dipersoalkan bukan persoalan kalah menang lagi, tetapi sebagai calon pemimpin yang berkontestasi, mereka punya tanggungjawab moral untuk menjaga tegaknya demokrasi yang sehat dimasa depan.

“Dan kebetulan medan tanding akhir saat ini disediakan oleh konstitusi yakni melalui MK,” katanya.

(redaksi)

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