Yusril Tak Sepakat dan Langsung Menggugat UU Pemilu yang Baru Disahkan

Yusril Tak Sepakat dan Langsung Menggugat UU Pemilu

RiauJOS.com, Jakarta - Ketua Umum Partai Bulan Bintang Yusril Ihza Mahendra mengatakan, akan langsung menggugat Undang-Undang Pemilu yang baru disahkan oleh pemerintah dan DPR ke Mahkamah Konstitusi.

Ia tak sepakat dengan ketentuan presidential threshold atau ambang batas pencalonan presiden sebesar 20 persen kursi dan 25 persen suara sah nasional yang diatur dalam UU itu.

"Saya akan melawan UU Pemilu yang baru disahkan ke MK," kata Yusril dalam keterangan tertulisnya, Jumat, 21 Juli 2017 dikutip Riau JOS dari laman Kompas.

Yusril mengatakan, gugatan uji materi ke MK akan diajukan secepat mungkin.

Setelah RUU ini ditandatangani Presiden dan dimuat dalam lembaran negara, ia akan langsung ke MK dan mendaftarkan uji materi tersebut.

"Perjuangan secara politik oleh partai-partai yang menolak keberadaan presidential treshold, usai sudah. Kini menjadi tugas saya untuk menyusun argumen konstitusional untuk menunjukkan bahwa keberadaan presidential treshold dalam pemilu serentak adalah bertentangan dengan konstitusi," terang Yusril.

Menurut Yusril, ketentuan presidential threshold bertentangan dengan Pasal 6A ayat (2) jo Pasal 22E ayat (3) UUD 1945.

Pasal 6A ayat (2) itu berbunyi, "Pasangan calon presiden dan wakil presiden diusulkan oleh partai politik atau gabungan partai politik peserta pemilihan umum sebelum pelaksanaan pemilihan umum".

Sementara, Pasal 22E ayat (3) mengatur bahwa pemilihan umum yang diikuti parpol, yakni memilih anggota DPR dan DPRD.

Ia menilai, pengusulan capres dan cawapres oleh parpol peserta pemilu harus dilakukan sebelum pemilu DPR dan DPRD.

Pemilu dilaksanakan serentak maupun tidak serentak, presidential treshold seharusnya tak ada.

"Apalagi pemilu serentak, yang perolehan kursi anggota DPR-nya belum diketahui bagi masing-masing partai. Dengan memahami dua pasal UUD 45 seperti itu, maka tidak mungkin presidential treshold akan menjadi syarat bagi parpol dalam mengajukan pasangan calon presiden dan wakil presiden," kata Yusril.

Pakar Hukum Tata Negara ini berharap, Mahkamah Konstitusi sebagai "pengawal penegakan konstitusi" akan tetap jernih dalam memeriksa permohonan pengujian UU Pemilu.

Yusril mengatakan, kepentingan Presiden Jokowi dan parpol-parpol pendukungnya sangat besar untuk mempertahankan apa yang telah mereka putuskan.

Namun, ia berharap MK tidak diintervensi oleh siapapun.

"Andaikan tidak ada yang lain yang akan melawan UU Pemilu yang baru disahkan ini secara sah dan konstitusional, maka tidak masalah bagi saya, untuk sendirian saja berjuang menghadapi Presiden dan DPR di Mahkamah Konstitusi nanti" ujar Yusril.

"Kebenaran toh tidak tergantung pada banyak sedikitnya orang atau kuat dan lemahnya posisi dalam politik," kata dia.

DPR bersama pemerintah telah mengesahkan RUU Pemilu

DPR bersama pemerintah telah mengesahkan RUU Pemilu untuk menjadi undang-undang setelah melalui mekanisme yang panjang dalam rapat paripurna yang berlangsung pada Kamis malam, 20 Juli 2017 hingga Jumat dini hari, 21 Juli 2017.

Keputusan diambil setelah empat fraksi yang memilih RUU Pemilu dengan opsi B, yaitu presidential threshold 0 persen, melakukan aksi walk out.

Empat fraksi tersebut yakni Gerindra, Demokrat, PKS dan PAN.

Sementara, enam fraksi yang bertahan yakni PDI-P, Golkar, Nasdem, Hanura, PKB dan PPP menyetujui opsi A.

Dengan demikian, DPR melakukan aklamasi untuk memilih opsi A, yaitu presidential threshold sebesar 20 persen kursi DPR atau 25 persen suara nasional.

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