JAKARTA - KPU chairman Mochamad Afifuddin explained that the governor candidate in Bengkulu Province who was subject to the KPK OTT, Rohidin Mersyah, could be elected in the 2024 Pilkada. He will be sworn in if he wins, but he will be immediately dismissed if he is convicted at the time of his inauguration.
Rohidin Mersyah, who is a candidate for Bengkulu Governor number 2 and incumbent, was named a suspect by the KPK after he and seven other people were caught in a hand arrest operation (OTT) on Saturday (23/11).
Afif explained that as long as Rohidin is still a suspect, as stipulated in the Pilkada and PKPU Law Number 17 of 2024, he can still be elected during the voting, be appointed as elected governor if he wins the election, and be sworn in as governor.
"The basis refers to Article 163 paragraphs 6, 7, and 8 of the Pilkada Law," said the KPU chairman as quoted by ANTARA, Monday, November 25.
Article 163 paragraph (6) of the Pilkada Law stipulates: "In the event that the elected governor and/or deputy governor candidate are named suspects at the time of inauguration, the person concerned will still be appointed governor and/or deputy governor".
Then, Article 163 paragraph (7) and paragraph (8) of the Pilkada Law stipulate that if there are candidates for governor and/or elected deputy governor candidates who are designated as convicts during the inauguration ceremony, he will still be appointed and immediately dismissed at that time.
Meanwhile, Article 16 of PKPU Number 7 of 2024 regulates the technical voting when there is a candidate pair who is a convict.
Dalam ketentuan itu, KPU provinsi atau KPU kabupaten/kota mengumumkan status terpidana calon kepala daerah tersebut ke KPPS melalui PPK dan PPS. Pengumuman itu dapat disampaikan lewat pengumuman di TPS dan secara oral dalam jangka waktu 29 hari.
"The provisions of Article 16 earlier, when the legal status of the candidate for regional head has been convicted, if not, this article will not be used," said Mochamad Afifuddin.
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The KPK named Rohidin Mersyah as a suspect and confiscated Rp7 billion in OTT in the case of extortion and gratification within the Bengkulu Provincial Government. Rohidin was named a suspect by the KPK together with Regional Secretary Bengkulu Isnan Fajri, and aide to the Governor of Bengkulu Evrianshah alias Anca.
The three suspects were immediately detained at the KPK State Detention Center (Rutan), Jakarta, for the next 20 days, starting from the time the three were named suspects.
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