Homepage / Nasional Mahkamah Konstitusi Perintahkan Semua Parpol Lakukan Verifikasi Faktual KPU RI

Mahkamah Konstitusi Perintahkan Semua Parpol Lakukan Verifikasi Faktual KPU RI

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Jakarta – Permohonan pengujian materiil UU 7/2017 tentang Pemilu yang terkait Pasal 173 ayat (1) UU Pemilu diputuskan ditolak oleh Mahkamah Konsitusi (MK). Selain itu MK memerintahkan semua parpol yang mau menjadi peserta pemilu harus mengikuti Verifikasi Faktual di Komisi Pemilihan Umum Republik Indonesia (KPU RI).

Putusan perkara ini sesuai pengajuan judicial review dari tiga partai politik yaitu Perindo, PSI dan Partai Berkarya. Keputusan MK ini sesuai hasil sidang putusan yang digelar di Gedung MK, Jalan Medan Merdeka Barat, Jakarta Pusat, Rabu (24/11).

“Amar putusan, mengadili, menolak permohonan Pemohon untuk seluruhnya,” tegas Ketua Pleno Anwar Usman dalam sidang pengucapan Putusan Nomor 48/PUU-XIX/2021.

Pertimbangan hukum Mahkamah dalam perkara ini adalah karena menilai substansi yang dipersoalkan para Pemohon pada hakikatnya sama dengan apa yang telah diputus Mahkamah dalam Putusan MK No. 55/PUU-XVIII/2020.

Hakim Konstitusi Manahan MP Sitompul menyatakan, meskipun para Pemohon menggunakan dasar pengujian yang berbeda dalam perkara a quo, yaitu Pasal 1 ayat (2) juncto Pasal 22E ayat (1), ayat (2), ayat (3) UUD Tahun 1945, namun substansi permasalahannya sudah pernah diputuskan MK.

“Esensi yang dimohonkan dalam perkara a quo adalah sama dengan perkara terdahulu yang mempersoalkan mengenai verifikasi partai politik, maka pertimbangan hukum dalam perkara a quo mutatis mutandis berlaku untuk permohonan a quo,” ujar Manahan Sitompul.

Selain itu, Hakim Konstitusi Saldi Isra menjelaskan terkait putusan MK No. 55/PUU-XVIII/2020 yang merupakan hasil akhir dari Mahkamah terhadap pengujian Pasal 173 ayat (1) UU Pemilu yang menyebutkan, “Partai Politik Peserta Pemilu merupakan partai politik yang telah ditetapkan/lulus verilikasi oleh KPU”.

Kata Saldi, dalam putusan perkara yang diajukan Perindo PSI dan Berkarya ini, dirinya bersama dengan Hakim Konstitusi Suhartoyo dan Hakim Konstitusi Enny Nurbaningsih memiliki alasan berbeda (concurring opinion), yang intinya ketiga hakim konstitusi tersebut tetap merujuk pendapat berbeda (dissenting opinion) dalam Putusan MK No. 55/PUU-XVIII/2020.

Maka dengan merujuk pendapat berbeda tersebut, Saldi Isra menegaskan bahwa dalam Putusan Mahkamah Konstitusi Nomor 55/PUU-XVIII/2020 memerintahkan verifikasi partai politik diberlakukan sama bagi semua partai politik peserta pemilihan umum.

“Dengan demikian, kekhawatiran para Pemohon mengenai adanya diskriminasi perlakuan terhadap partai politik peserta pemilihan umum tidak akan terjadi karena semua partai politik peserta pemilihan umum diberlakukan sama, yaitu harus dilakukan verifikasi administratif dan verifikasi faktual,” demikian Saldi Isra. (L)

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