Yusril Values Central Jakarta Bawaslu Decision Against Gibran Lampari Assignment And Authority

The Head of the Prabowo-Gibran Defending Team, Yusril Ihza Mahendra. (ANTARA)

JAKARTA - The head of the Prabowo-Gibran Defenders Team, Yusril Ihza Mahendra, emphasized that the Central Jakarta Election Supervisory Agency (Bawaslu) is not authorized to assess whether or not there is an element of violation of regulations outside the holding of elections.

Yusril's statement is a response to the decision of the Central Jakarta Bawaslu regarding the vice presidential activity number 2, Gibran Rakabuming Raka, who distributed milk during a car free day (CFD) in the Hotel Indonesia roundabout area recently.

According to the professor of constitutional law, Bawaslu's authority is limited to examining reports deemed to have violated election crimes. Meanwhile, in the decision read out yesterday, Thursday, January 4, Bawaslu Jakpus stated that the distribution of Gibran's milk violated another "law", which refers to Governor Regulation (Pergub) Number 12 of 2016 concerning the Implementation of HBKB.

Yusril also regretted that Central Jakarta Bawaslu, who worked unprofessionally, disproportionately, even exceeded their duties and authorities.

"This can be considered an ethical violation that should be considered by the Central Jakarta Bawaslu, so that the Bawaslu members are not examined by the Election Organizers Honorary Council (DKPP)," he said.

Furthermore, the General Chairperson of the Crescent Star Party (PBB) dissected a number of articles contained in Pergub 12/2016. In Article 7 paragraph (1), it is said that the HBKB can be used for environmental, sports, and arts and culture activities. Then, paragraph (2) states that the HBKB should not be used for the benefit of political parties.

From the two verses, Yusril highlighted that it is not written who has the authority to investigate and prosecute when there is a violation of Pergub 12/2016. Moreover, the rules also do not mention what sanctions will be received by the violators.

Meanwhile, article 13 only regulates the duties of the Regional Apparatus Work Unit and Regional Apparatus Work Unit (SKPD/UKPD) related to the supervision and control of activities against mass organizations or NGOs who carry out activities for the benefit of political parties and inciting speeches. After that, it was also stated that the Civil Service Unit was only tasked with guarding, securing, fostering order, and controlling violations that occurred during the HBKB.

In other words, the authority given by the National Unity and Political Agency of DKI and the Civil Service Unit (as SKPD/UKPD) in Pergub 12/2016 is more persuasive, not law enforcement measures, let alone investigations to impose sanctions.