House Commission III member Hinca Panjaitan has stated that public\nprosecutors cannot file a cassation or further legal remedy with the\nSupreme Court against the acquittal of Lokataru Foundation director\nDelpedro Marhaen and his associates.<\/p>\n
According to Hinca, this provision is regulated in the new Criminal\nProcedure Code (KUHAP) drafted by the House of Representatives and\neffective since early January 2026.<\/p>\n
Hinca explained that it prohibits both cassation and appeals against\nacquittals.<\/p>\n
\u201cIn the past, the old KUHAP had no rules on cassation, only appeals,\nso they chose cassation. Now we\u2019ve made both. That means no legal\nremedies against acquittal decisions,\u201d Hinca said at the parliamentary\ncomplex on Tuesday (7\/4).<\/p>\n
He added that if prosecutors still refer to the old KUHAP, the\nprinciple of applying the law that benefits the defendant will prevail.\nThis would occur if prosecutors debate the provisions between the new\nand previous KUHAP.<\/p>\n
Therefore, Hinca believes the Supreme Court will also reject the\nprosecutors\u2019 cassation in this case.<\/p>\n
\u201cSo for us, the discussion is settled. There should be no cassation.\nI\u2019m confident the judges will reject it,\u201d Hinca said.<\/p>\n
Head of the Attorney General\u2019s Office Legal Information Centre, Anang\nSupriatna, revealed the reason his side is still filing a cassation\nagainst Delpedro\u2019s verdict.<\/p>\n
According to Anang, the incitement case was transferred to the court\non 9 December 2025, so the procedural law used is the old KUHAP.<\/p>\n
Based on the transitional provisions in Article 361 letter c of the\nnew KUHAP, criminal cases that have been transferred to the court and\nthe examination process has begun shall continue to be examined, tried,\nand decided under the old KUHAP.<\/p>\n
\u201cThus, for the case of Delpedro Marhaen Rismansyah et al., which was\nacquitted (vrijspraak) during the examination period, legal remedies\nshall still refer to Law Number 8 of 1981 on Criminal Procedure (old\nKUHAP), so cassation will be pursued for that case,\u201d Anang said when\nconfirmed via written message on Tuesday (7\/4).<\/p>\n
The Central Jakarta District Court panel of judges on 6 March handed\ndown an acquittal for Delpedro and his associates. They were not proven\nto have spread hoax news and committed incitement related to last\nAugust\u2019s demonstration that ended in chaos.<\/p>\n
The panel also stated that Delpedro and his associates were not\nproven to have recruited or exploited children for military and\/or other\narmed interests as charged under Article 76H in conjunction with Article\n15 in conjunction with Article 87 of Law Number 35 of 2014 on Child\nProtection in conjunction with Article 55 paragraph 1 first of the\nCriminal Code.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/house-commission-iii-prosecutors-cannot-appeal-acquittal-of-activist-delpedro-and-associates-1775602289", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }