Homepage / Nasional Dr Andy Feft: Terjati Mal Administrasi, Pimpinan MPR RI Mrmbatalkan SK DPD Yang Memberhentikan Fadel sebagai Wakil Ketua MPR

Dr Andy Feft: Terjati Mal Administrasi, Pimpinan MPR RI Mrmbatalkan SK DPD Yang Memberhentikan Fadel sebagai Wakil Ketua MPR

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Dr Andy

MALANG – Dekan Fakultas Ilmu Administrasi (FIA) Universitas Brawijaya Malang, Drs Andy Fefta Wijaya MDA PhD mengatakan, sudah tepat tindakan yang dilakukan oleh 2 Wakil Ketua DPD RI, Wakil Ketua I DPD RI Nono Sampono dan Wakil Ketua III DPD RI Sultan Bachtiar Najamudin. Apalagi yang menarik dukungan terhadap pembuatan SK tersebut adalah unsur pimpinan di DPD.

“Hal ini mengindikasikasikan bahwa terdapat proses yang cacat atau maladministrasi dalam proses pencopotan Fadel Muhammad sebagai Wakil Ketua MPR RI tersebut,” ujar Andy Fefta, Senin (12/9/2022).

Seyogyanya, kata Andy, semua anggota DPD RI lainnya yang terlibat dalam proses melihat lagi secara bijak dan menentukan sikap terhadap hal ini sebagaimana dilakukan ke dua unsur pimpinan DPD tersebut.

Menurutnya, apabila dirasa adanya proses yang tidak akuntabel dan transparan maka sangat elegan jika kemudian menarik dukungan tanda tangannya tersebut.

“Hal ini merupakan contoh sikap satria, apalagi unsur pimpinan sebagai panutan anggota DPD dan masyarakat yang diwakilinya,” tuturnya.

Andy juga mengapresiasi Ketua MPR RI Bambang Soesatyo yang mengkaji dulu masalahnya dan menyatakan bahwa ini adalah konflik internal DPD RI.

Menurutnya langkah tersebut sudah tepat, apalagi jika tindakan DPD tersebut tidak sesuai dengan regulasi yang berlaku.

“Maka sudah seharusnya Ketua MPR RI memfasilitasi dulu konflik internal yang terjadi tersebut. Oleh karena itu sebaiknya Ketua MPR RI, pertama, mengutamakan pemecahan internal terhadap masalah tersebut, yaitu membatalkan proses tersebut krn memang terbukti terjadinya indikasi maladministrasi,” katanya.

Kedua, lanjut Andy, apabila harus diselesaikan diluar lembaga MPR RI seperti di pengadilan maka sudah seharusnya menunggu keputusan inkrach dari pengadilan.

SK juga seharusnya lengkap ditandatangani ke empat unsur pimpinan, apalagi DPD ini kan sifatnya kolektif kolegial yang berbeda dengan parpol.

“Jika dua wakil ketua menarik tandatangannya dalam SK tersebut, maka SK tersebut batal demi hukum. Apalagi kalau hal ini tidak sesuai dengan UU MD3,” sebutnya.

Andy menduga, LaNyalla punya punya ekpektasi berlebihan agar wakil ketua MPR RI dari unsur DPD dapat mensukseskan keinginan politiknya. Ketika hal tersebut tidak tercapai, maka dianggap gagal melaksanakan misi tersebut dan harus diganti.

Hal seperti inilah, menurut Andy, yang seharusnya tidak terjadi di DPD, karena DPD bukan organisasi massa atau partai politik. Seseorang sebagai pimpinan Ormas bisa saja melakukan tindakan seperti itu. Namun jika di DPD hal tesebut harus ditinggalkan, karena sesuai pasal 46 (1) MD3 DPD bersifat kolektif kolegial.

Selain itu, anggota DPD adalah individu yang mewakili daerah pemenangannya masing-masing. Mereka bergabung di DPD secara setara dan kolektif kolegial berarti semua anggota DPD adalah kolektif.

Jika ada sebagian saja yang berkeberatan atau tidak setuju bahkan ada 2 wakil unsur pimpinannya yang membatalkan maka keputusan yg diambil sudah tidak kolektif kolegial lagi.

Apalagi dipaksakan dengan voting maka hal ini mencederai arti kolektif kolegial. Oleh karena itu, proses pemecatan tersebut sudah catat administrasi karena tidak sesuai dengan regulasi dan cacat dalam pengambilan keputusan.

“Seharusnya BK DPD RI bersama Ketua MPR RI dapat menyelesaikan masalah ini secara internal dengan membatalkan hasil keputusan secara sepihak dari rapat DPD tersebut, karena memang sudah cacat administrasi dari awal, yaitu tidak diagendakan dari awal, prosesnya maladministrasi dan keputusan yang diambil juga tidak kolektif kolegial,” pungkasnya.

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