Attorney General Appeals Acquittal of Delpedro Marhaen; Yusril to Respect Supreme Court Ruling
Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra stated that the government respects the Supreme Court’s (MA) ruling on the appeal filed by prosecutors in the case of Delpedro Marhaen and associates.
In his statement in Jakarta on Tuesday (7/4), Yusril described the appeal as a legitimate part of the legal process but stressed that it must be grounded in applicable regulations.
“From the outset, I have stated that court decisions must be respected as a manifestation of judicial independence. At the same time, every legal step, including appeals, should be truly based on the normative provisions in the applicable criminal procedure law to create fair legal certainty as mandated by the 1945 Constitution,” said Yusril.
He explained that the Delpedro Marhaen case was processed from investigation to trial using the old KUHAP. However, the verdict was issued after 2 January 2025, when the new KUHAP came into effect.
According to Yusril, this situation has sparked legal debate, particularly regarding whether prosecutors can appeal an acquittal.
“When the acquittal was issued, the new KUHAP was already in effect. Can prosecutors appeal an acquittal after the new KUHAP applies? Meanwhile, the new KUHAP states that in acquittal decisions, they are final, and prosecutors cannot appeal,” he said.
He added that, on the other hand, there is an argument that since the case began under the old KUHAP, prosecutors still have the right to appeal.
“Or can prosecutors still file an appeal because the case started when the old KUHAP was still in use? This has become an academic debate,” he continued.
Yusril opined that the final decision on this matter lies with the Supreme Court. He also left room for the defendants to present legal arguments in the counter-memoir to the appeal.
“Therefore, in my view, if prosecutors proceed with the appeal, the decision on whether it is admissible will be determined by the Supreme Court. Delpedro and his lawyers can use arguments about changes in the law in their counter-memoir to the Supreme Court,” he explained.
Furthermore, Yusril noted that the Supreme Court has several options, including declaring the appeal inadmissible (Niet Ontvankelijke Verklaard) or proceeding to examine the merits of the case.
“So since the prosecutors have filed the appeal, we just wait for the Supreme Court’s decision. The government will respect whatever the Supreme Court decides as the highest judicial authority in our country,” he emphasised.
Looking ahead, Yusril believes that if the entire case process has used the new KUHAP for an acquittal, prosecutors should no longer pursue legal remedies.
The legal team for Delpedro Marhaen, led by Rismansyah as part of the Advocacy Team for Democracy (TAUD), views the Attorney General’s step to appeal their client’s acquittal.
The Attorney General’s Office (Kejagung) has officially filed an appeal against the acquittal of Delpedro Marhaen and three other activists. See the legal reasons why Kejagung continues to use the old KUHAP.