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Soal Sikap Setnov, Doli Kurnia: Dia Menganggap Dirinya Kuat


Soal Sikap Setnov, Doli Kurnia: Dia Menganggap Dirinya Kuat

Opini Bangsa - Ketua Umum DPP Partai Golkar Setya Novanto kemarin tidak memenuhi panggilan pemeriksaan kasus dugaan korupsi e-KTP yang diusut KPK.

Koordinator Generasi Muda Partai Golkar (GMPG) Ahmad Doli Kurnia meminta KPK bertindak tegas.

"Apabila Setnov masih terus di luar, dia pasti akan melakukan manuver apa saja untuk "menghabisi" KPK,” kata Koordinator Generasi Muda Partai Golkar (GMPG) Ahmad Doli Kurnia, kemarin.

Setnov sejatinya diagendakan diperiksa sebagai saksi untuk tersangka Anang Sugiana Sudihardjo. Namun, lagi-lagi mantan Ketua Fraksi Golkar itu memilih absen.

Dia meminta KPK menyertakan izin tertulis dari presiden sebelum melakukan pemanggilan. Alasan itu sebelumnya juga menjadi dasar Setnov tidak memenuhi panggilan KPK.

Sejumlah kalangan menilai alasan tersebut tidak masuk akal. Sebab, pasal 245 ayat 3 UU MPR, DPD, DPR dan DPRD (MD3) jelas-jelas mengecualikan izin presiden bagi anggota DPR yang disangka melakukan tindak pidana khusus, seperti korupsi.

Doli menilai apa yang dilakukan Setnov dan kuasa hukumnya Frederich Yunadi selama ini merupakan manuver untuk melakukan serangan terhadap KPK atau pihak lain yang berseberangan dengan KPK.

”Tak hanya pimpinan KPK, wakil presiden pun diserang, seenaknya pula mau menarik-narik TNI, Poliri, bahkan Presiden untuk melindungi Setnov,” kata Doli kepada wartawan.

Doli menilai apa yang ditampilkan Yunadi selaku kuasa hukum menggambarkan tiga situasi. Pertama, Setnov nampaknya akan habis-habisan dan melakukan perlawanan terhadap KPK.

Selaku pimpinan lembaga tinggi negara, Setnov sepertinya tidak menghormati Indonesia sebagai negara hukum, serta tidak perduli lagi tentang etika berbangsa dan bernegara.

”Dia sudah menganggap dirinya kuat, bisa mengatur institusi penegak hukum lainnya untuk bersama dia berhadapan dengan KPK. Bahkan pernyataan Presiden yang menolak secara tegas upaya kriminalisasi pimpinan KPK pun tak dihiraukannya,” kata mantan Wakil Sekjen Partai Golkar itu.

Kedua, dengan keberanian melakukan kegaduhan seperti yang dilakukan Yunadi, nampaknya didasari dengan kemampuan dan keyakinan bahwa posisi Setnov masih kuat dan mendapat dukungan dari kekuasaan.

Dalam hal ini, bisa jadi Yunadi mendapat perintah langsung dari oknum pro Setnov. ”Oknum ini nampaknya beririsan dengan kepentingan Setnov dan berada di lingkaran kekuasaan atau istana,” sorotnya.

Terakhir, pernyataan-pernyataan Yunadi nampak seperti parodi yang membolak-balikkan logika. Hal itu justru mengajarkan masyarakat ke arah sesat pikir dalam memahami hukum.

”Suka mengarang, mengutip informasi yang keliru, analisis yang ngawur, dan kesimpulannya pun jadi tak kontekstual, tapi tetap merasa paling pintar,” ujarnya.
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Juru Bicara KPK Febri Diansyah menyatakan pihaknya masih mempelajari surat ketidakhadiran yang dikirim Setnov.

Menurut dia, selain meminta KPK untuk lebih dulu izin presiden sebelum melakukan pemanggilan, Setnov juga beralasan tengah menghadiri HUT Golkar ke 53 tingkat provinsi Nusa Tenggara Timur.

"Surat disampaikan pagi tadi (kemarin, Red)," jelasnya. Disinggung soal opsi jemput paksa untuk menghadirkan Setnov di pemeriksaan KPK, Febri belum mau berkomentar. Menurut dia, pemanggilan secara patut bakal kembali dilakukan.

Terpisah, gelombang perlawanan kembali diluncurkan oleh Setnov. Kali ini melalui Mahkamah Konstitusi (MK).

Kemarin, Fredrich Yunadi yang diberi mandat sebagai kuasa hukum oleh Setnov mengajukan judical review (JR) atau uji materiil terhadap dua pasal dalam UU Nomor 30 Tahun 2002 tentang Komisi Pemberantasan Tindak Pidana Korupsi (UU KPK).

Yakni pasal 46 ayat (1) dan ayat (2) serta pasal 12 ayat (1) huruf b. "Ya, itu tadi kan daftar," ungkap dia ketika ditemui di Gedung MK.

Dua pasal dalam UU KPK tersebut diuji dengan UUD 1945. Kemarin pengajuan uji materiil oleh Setnov diterima MK dengan tanda terima bernomor 1734/PAN.MK/XI/2017 dan 1735/PAN.MK/XI/2017.

Menurut Fredrich, keputusan mengajukan permohonan uji materiil diambil lantaran pihaknya menilai KPK sudah melampaui ketentuan.

Misalnya soal pemanggilan Setnov senagai ketua DPR. "Saya selalu mengatakan wajib meminta izin presiden," kata dia menegaskan.

Fredrich menyampaikan bahwa dirinya berani menyampaikan itu lantaran UUD 1945 mengatur soal hak imunitas anggota DPR. Aturan itu tertuang dalam pasal 20A ayat (3) UUD 1945.

Aturan serupa juga tertulis dalam UU Nomor 17 Tahun 2014 tentang MD3. Bahkan, sambung dia, putusan MK tahun 2014 menyatakan bahwa pemanggilan legislator oleh KPK harus seizin presiden. "Menurut norma hukum, UU apapun tidak boleh bersentuhan atau melampaui UUD 1945," terangnya.

Selain berpendapat bahwa KPK telah melampaui ketentuan, langkah mengajukan uji materiil serupa dengan keputusan KPK menguji materiil kewenangan Pansus Hak Angket KPK. Menurut Fredrich, pansus itu punya hak memanggil KPK.

"Mereka (KPK) kan selalu mengabaikan panggilan pansus. Dengan alasan akan menunggu putusan MK," beber dia.

Hal serupa bakal dilakukan oleh Setnov. "Bahwa klien kami akan menunggu putusan MK untuk menentukan sikap," imbuhnya.

Keterangan tersebut sekaligus menegaskan bahwa Setnov tidak akan memenuhi panggilan KPK sebelum ada putusan MK dari uji materiil yang dia ajukan. "Saya harap semua orang menghormati hukum," pinta Fredrich.

Dia menyatakan, pihaknya sudah taat hukum. Juga sudah meminta agar MK segera menyidangkan permohonan uji materiil yang mereka ajukan. Tujuannya tidak lain agar kasus tersebut tidak menggantung serta tidak lagi membuat masyarakat bingung.

Soal kemungkinan Setnov dipanggil paksa oleh KPK, Fredrich pun menyampaikan kembali bahwa hal serupa bisa dilakukan oleh DPR.

"Berarti sama dong, pansus juga boleh panggil paksa dia (KPK) dong," imbuhnya. Menurut dia, bukan hanya KPK yang boleh mengambil sikap setelah ada putusan MK.

Setnov pun demikian. Pejabat kelahiran Bandung itu juga punya hak untuk menentukan sikap setelah ada putusan MK atas uji materiil yang dia mohonkan. [opinibangsa.info / jpnn]
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