As stipulated in Indonesian law, a person caught in a legal case still has the right to compete in elections as long as there is no permanent legal verdict (inkracht) declaring him guilty. Article 7 letter j of Law Number 10/2016 on the Election of Governors, Regents, and Mayors stipulates that regional head candidates who are caught in a legal case and have an inkracht verdict declaring them guilty can have their candidacy canceled. Therefore, if  Rohidin Mersyah is proven guilty and there is a valid court decision, then he can be disqualified from candidacy.
- Political Party Decision
Rohidin Mersyah is an incumbent candidate who is likely to be supported by political parties. However, the political parties supporting him could also consider withdrawing support if the legal case develops further and affects the popularity or image of the party. Each political party has an internal mechanism to determine the continuation of support for candidates who are involved in legal cases. If the political party supporting him decides to withdraw support or replace the candidate, then Rohidin Mersyah may no longer be a candidate for governor.
- The Principle of Presumption of Innocence and Election Supervision
Despite being implicated in the OTT, the prevailing legal principle in Indonesia is the presumption of innocence, which means Rohidin Mersyah retains the right to continue his candidacy as long as there is no court ruling declaring him guilty. The General Election Commission (KPU) and other authorities will await the development of this case. If the case is resolved with an acquittal or has not yet reached an inkracht decision, then he is still entitled to continue competing in Pilgub Bengkulu.
- Political and Public Dynamics
Public support is also an important factor. Although an incumbent candidate has a strong chance of being re-elected, involvement in a corruption case can damage the political image and make voters hesitant. If the public feels that his involvement in the OTT compromises his leadership integrity, this could have an impact on the votes he receives in the election.
Overall, whether Rohidin Mersyah remains a candidate for Bengkulu Governor will depend on the legal decision, political dynamics and public perception. If his case continues and he is eventually found guilty, then he will most likely be forced to resign or be disqualified. However, if the legal process has not reached a final decision or he is not found guilty, his chances of continuing as a candidate for governor are still open.
Writer : PUJA ALIFPIYA, LAW STUDENT UNIVERSITY OF LAW
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