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Puja Alifpiya Mohon Tunggu... Penegak Hukum - LAW STUDENT, UNIVERSITY OF BENGKULU

STUDENT INTERNATIONAL FAKULTY OF LAW UNIVERSITY BENGKULU

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Candidate For Governor Of Bengkulu City, Rohidin Mersyah, Caught In Kpk Ott Case, Will Rohidin Mersyah Continue To Be Bengkulu Gubernur Candidate?

26 November 2024   00:52 Diperbarui: 14 Desember 2024   23:00 66
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Rohidin Mersyah, Caught In Kpk Ott Case

The news that Rohidin Mersyah, the Governor of Bengkulu and incumbent candidate in the 2024 Gubernatorial Election, has been implicated in the Corruption Eradication Commission's (KPK) Operation Tangkap Tangan (OTT) has raised deep concerns about the integrity and morality of regional leaders. As an incumbent regional head with ambitions to lead Bengkulu again, his involvement in this case could affect his political and governmental image.

As an experienced politician, Rohidin Mersyah was previously known to have a good career in politics, both as a legislator and in his position as Governor. However, his involvement in this OTT shows that there is another side to his leadership that is very unfortunate. This incident is evidence of how the political and governance system at the regional level is vulnerable to corrupt practices that harm the community and hinder the progress of the region itself.

In a legal context, if proven to be involved in corrupt practices, Rohidin Mersyah could be charged with several articles listed in Law Number 31 of 1999 concerning the Eradication of Corruption, which has been amended by Law Number 20 of 2001. Some of the articles that could potentially be violated in this case include:

  • Article 12 B (Bribery)

o This article regulates the prohibition of giving gifts or promises to state officials or state administrators. If proven to have given bribes to certain parties, Rohidin could be charged with this article with a prison sentence of up to 20 years.

  • Article 5 paragraph (1) letters a and b (Acceptance of Bribes)

o This article regulates the acceptance of bribes by state officials. If Rohidin Mersyah accepted bribes in his capacity as a public official, he could be charged under this article with a maximum prison sentence of 20 years and a fine of up to Rp1 billion.

  • Article 13 (Acceptance of Gifts or Promises)

o If proven to have received a gift or promise related to his position as Governor, this article can be applied with a prison sentence of up to 5 years and a maximum fine of Rp250 million.

Meanwhile, on the one hand, this incident should be a turning point to improve the supervision system at the government level, both by state institutions and the public. Cases like this remind us that no one is immune to the law, even an incumbent who is at the peak of his political career. The KPK OTT also opens an opportunity to see how strong transparency and accountability in local government are, which must be tightened so that people do not continue to feel disadvantaged by practices that are not in accordance with the principles of good governance.

However, we must also recognize that everyone deserves a fair legal process. Before all allegations are proven, the principle of presumption of innocence must be respected. As a gubernatorial candidate, Rohidin Mersyah has the right to defend his rights in competing in the elections, but of course with tighter supervision from all parties.

This case is not just about one person or one region, but a reflection of the problem of corruption that is still deeply rooted in Indonesia. In the future, it is important to ensure that elected regional leaders really have high integrity, and are able to maintain the people's mandate with full responsibility, instead of being entangled in actions that harm many parties.

Regarding whether Rohidin Mersyah will remain as a candidate for Bengkulu Governor after being implicated in the Hand Capture Operation (OTT) conducted by the KPK, this is highly dependent on several legal and political factors that develop.

  • Ongoing Legal Process

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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