Public prosecutors (JPU) have officially filed an appeal against the\nacquittal of Lokataru\u2019s Executive Director, Delpedro Marhaen Rismansyah\nand others, in the alleged incitement case. Delpedro views the\nprosecutors as having their own interpretation regarding the\npermissibility of filing an appeal against an acquittal.<\/p>\n
\u201cThe appeal filed by the public prosecutors is a form of\ndisrespecting the court\u2019s decision and defying the law. The prosecutors\nseem to have their own interpretation about the permissibility of filing\nan appeal against an acquittal decision, whereas the new KUHAP clearly\nstipulates that appeals cannot be filed against acquittal decisions,\u201d\nsaid Delpedro Marhaen Rismansyah to reporters on Tuesday (7\/4\/2026).<\/p>\n
Delpedro alluded to the statement of the Coordinating Minister for\nLaw, Human Rights, Immigration, and Corrections (Menko Kumham Imipas)\nYusril Ihza Mahendra. He mentioned that Yusril also holds the view that\nappeals cannot be filed against acquittals based on the new KUHAP.<\/p>\n
\u201cMenko Yusril agrees with that, and has warned the prosecutors not to\nappeal, meaning the prosecutors did not consider that view, which comes\nnot only from the Coordinating Minister but from a legal expert,\u201d he\nsaid.<\/p>\n
Delpedro requested that the House of Representatives\u2019 Commission III\nsummon the prosecutors handling his case. According to him, if there is\nno adjustment in understanding regarding the rules on whether appeals\nagainst acquittals are permitted or not, it will lead to legal\nuncertainty.<\/p>\n
\u201cWe also request that Commission III of the House of Representatives\nsummon those prosecutors, and other prosecutors who file appeals against\nacquittal decisions. This means there needs to be an adjustment in\nunderstanding about appeals in the new KUHAP. If the House of\nRepresentatives, especially the Chairman of Commission III,\nHabiburokhman, does not summon those prosecutors, this trend will\ncontinue and cause legal uncertainty,\u201d he stated.<\/p>\n
Furthermore, Delpedro assessed that the provisions in Article 361\nletter c of the new KUHAP are already clear. He opined that if\nprosecutors file an appeal after the new KUHAP is enacted, the appeal\nmust also be based on the new KUHAP, not the old one.<\/p>\n
\u201cArticle 361 letter c of the new KUHAP has actually provided quite\nclear direction. The old KUHAP is only given temporary space until the\ncourt decisions currently under examination are decided at the first\ninstance,\u201d said Delpedro.<\/p>\n
\u201cAfter that, the criminal procedure system must switch to the new\nregime. Therefore, when prosecutors file an appeal after the 2025 KUHAP\ncomes into effect, normatively, that action must be processed based on\nthe new KUHAP, not based on the 1981 KUHAP which has been revoked.\nThat\u2019s why I say here that the prosecutors have their own\ninterpretation,\u201d he added.<\/p>\n
Prosecutors File Appeal<\/p>\n
Previously, prosecutors filed an appeal against the acquittal of\nLokataru\u2019s Executive Director, Delpedro Marhaen Rismansyah, and other\ndefendants in the alleged incitement case involving a riotous\ndemonstration. The appeal was filed because the prosecutors disagreed\nwith the acquittal decision.<\/p>\n
\u201cWe respect and appreciate the decision that acquitted the defendant\nDelpedro Marhaen Rismansyah and others. However, we disagree with that\ndecision and are taking legal recourse by appealing against the decision\nof Delpedro Marhaen Rismansyah and others,\u201d said the Head of the Public\nProsecution Division of the Jakarta Regional Prosecutor\u2019s Office, Dapot\nPariarma, in a written statement on Tuesday (7\/4).<\/p>\n
Dapot said that the appeal memorandum for the acquittal of Delpedro\nand others has been submitted to the Central Jakarta District Court. The\nappeal application for the acquittal of Delpedro and others was filed by\nthe prosecutors on Monday (16\/3).<\/p>\n
\u201cOn Monday, 16 March 2026, we stated the appeal against the decision\nof Delpedro Marhaen Rismansyah and others and submitted the appeal\nmemorandum to the Central Jakarta District Court on Friday, 27 March\n2026,\u201d he said.<\/p>\n
The Head of the Public Relations Division of the Attorney General\u2019s\nOffice, Anang Supriatna, explained the legal basis for filing the\nappeal. Anang said that the acquittal decision of Delpedro and others\nstill refers to the old KUHAP, so legal recourse by appeal can be\ntaken.<\/p>\n
\u201cBased on the transitional provisions as stipulated in Article 361\nletter c of Law Number 20 of 2025 concerning the KUHAP, it states that\ncriminal cases that have been handed over to the court and the\nexamination process has begun shall continue to be examined, tried, and\ndecided based on the provisions in Law Number 8 of 1981 concerning\nCriminal Procedure Code (State Gazette of the Republic of Indonesia Year\n1981 Number 76, Supplement to the State Gazette of the Republic of\nIndonesia Number 3209), except for the judicial review process which\napplies the provisions in the 2025 KUHAP,\u201d said Anang.<\/p>\n
\u201cThus, for the case of Delpedro Marhaen Rismansyah and others which\nwas decided as acquitted (vrijspraak) during the examination period, for\nlegal recourse it still refers to Law Number 8 of 1981 concerning\nCriminal Procedure Code (old KUHAP), so for that case, legal recourse by\nappeal is taken,\u201d added Anang.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/delpedros-response-after-prosecutors-file-appeal-against-acquittal-in-incitement-case-1775606635", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }