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BERITA DAERAHNASIONAL

Pengamat : Izin Presiden Bukan Alasan, Terkait Risma Langgar UU Rangkap Jabatan

Pengamat : Izin Presiden Bukan Alasan, Terkait Risma Langgar UU Rangkap Jabatan – Pemerhati sekalian bekas aktivis ICW, Emerson Yuntho mulai bicara hal rangkap jabatan Tri Rismaharini yang barusan dipilih Presiden Jokowi jadi Menteri Sosial, gantikan Juliari P. Batubara.

Risma dijumpai masih memegang selaku Wali Kota Surabaya hingga disoroti sebab melanggar larangan rangkap jabatan seperti diputuskan dalam undang-undang.

Emerson Yuntho menjelaskan, Risma seharusnya mundur dari Walikota Surabaya sebab seorang menteri tidak boleh rangkap jabatan pejabat negara.

“Ibu Risma saat telah dikukuhkan jadi Mensos harus mundur dari Wali Kota Surabaya. UU Kementerian melarang menteri (dan wakil menteri) rangkap jabatan pejabat negara,” catat Emersyon Yuntho melalui jaringan Twitter kepunyaannya, Rabu (23/12/2020)

Emerson Yuntho mengikutkan beberapa ketentuan perundang-undangan yang mengendalikan masalah rangkap jabatan pejabat negara, salah satunya UU Nomor 39 Tahun 2008 Pasal 23 nomor a.

Dalam pasal itu, ada ketentuan jika menteri tidak boleh merangkap jabatan selaku pejabat yang lain sesuai ketentuan perundang-undangan.

Tentang hal siapa yang terhitung dalam pejabat negara ditata dalam Pasal 122 UU Nomor 5 Tahun 2014, salah satunya adalah Wali Kota sebagaimana tertera dalam huruf m.

Oleh karenanya, jadi tidak dibetulkan jika Risma selaku menteri memegang wali kota.

Emerson Yuntho lalu menyorot Risma yang berargumen telah ijin Presiden Jokowi untuk mengakhiri kedudukannya selaku wali kota hanya karena sisa dua bulan saja.

“Jadi jika Risma berargumen – telah ijin Presiden atau kan tinggal dua bulan – itu bukan fakta pembenar. Pedomannya harus merujuk ke UU Kementerian. Periode iya baru memegang telah menyalahi UU, toh Bu. Mbok ya mundur dari Wali kota,” jelas Emerson Yuntho.

Selanjutnya, Emerson Yuntho menjelasakan peluang yang dapat berlangsung jika Risma malas melepaskan kedudukannya selaku wali kota.

Menurutnya, rangkap jabatan menjadi fakta untuk Presiden untuk menghentikan menteri seperti Pasal 24 UU Kementerian.

“Mas Abang Kak Buya Eson, ingin bertanya bagaimana jika Bu Risma ngeyel tidak ingin terlepas jabatan? Kecuali menyalahi UU dan norma pejabat, rangkap jabatan jadi landasan untuk Presiden untuk menghentikan Menteri (Pasal 24 UU Kementerian),” ujarnya.

Emerson Yuntho selanjutnya menjelaskan, responsnya itu penting disuarakan supaya Risma dapat konsentrasi bekerja selaku Mensos tanpa masalah dari Surabaya dan menghindar perselisihan kebutuhan.

“Tanggapan ini penting disuarakan. Pertama, supaya Bu Risma konsentrasi pada kerja Kemensos yang jelas mengambil alih tenaga dan waktu. Berikan saja tersisa beberapa waktu ke Wakil Walikota. Ke-2 , menghindar perselisihan kebutuhan. Kalaulah Ibu meminta mundur dari Walkot, Jokowi tentu maklum kok,” jelas Emerson Yuntho.

Dalam ciutan terpisah, Emerson Yuntho seperti menyaksikan Presiden Jokowi tidak jeli membaca UU Kementerian karena hal seperti ini dapat berlangsung.

Berikut bunyi pasal-pasal yang disertakan Emerson Yuntho.

UU Nomor 39 Tahun 2008 Pasal 23

Menteri dilarang merangkap jabatan sebagai:

  1. pejabat negara lainnya sesuai dengan peraturan perundang-undangan.
  2. komisaris atau direksi pada perusahaan negara atau perusahaan swasta;atau.
  3. pimpinan organisasi yang dibiayai dari Anggaran Pendapatan Belanja Negara dan/atau Anggaran Pendapatan Belanja Daerah.

UU Nomor 5 Tahun 2014 Pasal 122

Pejabat negara sebagaimana dimaksud dalam Pasal 121 yaitu:

  1. Presiden dan wakil presiden.
  2. Ketua, wakil ketua dan anggora MPR.
  3.  Ketua, wakil ketua dan anggota DPR.
  4.  Ketua, wakil ketua dan anggota DPD.
  5.  Ketua, wakil ketua, ketua muda dan hakim agung MA serta ketua, wakil ketua dan hakim pada semua badan peradilan kecuali hakim ad hoc.
  6.  Ketua, wakil ketua dan anggota MK.
  7. Ketua, wakil ketua dan anggota BPK.
  8. Ketua, wakil ketua dan anggota Komisi Yudisial.
  9. Ketua dan wakil ketua KPK.
  10. Menteri dan jabatan setingkat menteri.
  11. Kepala perwakilan RI di luar negeri yang bekedudukan sebagai Duta Besar Luar Biasa dan Berkuasa Penuh
  12. Gubernur dan wakil gubernur.
  13. Bupati/wali kota dan wakil bupati/wali kota.
  14. Pejabat negara lainnya yang ditentukan oleh UU.

UU Kementerian Pasal 24

  • Menteri berhenti dari jabatannya karena:
  1. meninggal dunia; atau
  2. berakhir masa jabatan.
  • Menteri diberhentikan dari jabatannya oleh Presiden karena:
  1. mengundurkan diri atas permintaan sendiri secara tertulis
  2. tidak dapat melaksanakan tugas selama 3 (tiga) bulan secara berturut-turut;
  3. dinyatakan bersalah berdasarkan putusan pengadilan yang telah memperoleh kekuatan hukum tetap karena melakukan tindak pidana yang diancam dengan pidana penjara 5 (lima) tahun atau lebih;
  4. melanggar ketentuan larangan rangkap jabatan sebagaimana dimaksud dalam Pasal 23; atau
  5. alasan lain yang ditetapkan oleh Presiden.
  • Presiden memberhentikan sementara Menteri yang didakwa melakukan tindak pidana yang diancam dengan pidana penjara 5 (lima) tahun atau lebih.

Sumber : suara.com

Baca Juga  Pegawai Kemensos Diminta Jangan Kaget Karena Risma Tidak Akan Rubah Kebiasaaannya

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