Attorney General Considers Lodging Cassation Appeal Against Acquittal of Delpedro and Others
Indonesia’s Attorney General’s Office (Kejagung) is currently examining the option of lodging a cassation appeal against an acquittal verdict received by Delpedro Marhaen, Executive Director of Lokataru Foundation, and his co-defendants.
Anang Supriatna, head of the Attorney General’s legal information centre, stated that this consideration arises because the case involving alleged incitement of demonstrations that resulted in civil unrest is still being handled under the old Criminal Procedure Code (KUHAP).
“Clearly, the defendants have been acquitted. However, at the time it was processed, it was still using the old KUHAP,” he told journalists on Friday (13 March).
Anang emphasised that prosecutors still have time to analyse the trial evidence before submitting a cassation appeal.
“We await the position of the public prosecutor within the stipulated timeframe in accordance with regulations. We will wait for the public prosecutor’s position in the near future,” he said.
Previously, Delpedro, Lokataru Foundation staff member Muzaffar Salim, @gejayanmemanggil administrator Syahdan Husein, and Riau University student and Aliansi Mahasiswa Menggugat administrator Khariq Anhar were acquitted as evidence failed to prove they spread false information and incited demonstrations related to the August demonstrations that resulted in disorder.
The judge stated that Delpedro and the others also failed to prove they invited or manipulated children for military interests or other armed purposes, as charged under Article 76H read together with Article 15 read together with Article 87 of Law Number 35 of 2014 on Child Protection read together with Article 55 paragraph 1 subsection 1 of the Criminal Code.
“Acquitting the defendants from all charges brought by the public prosecutor,” said Presiding Judge Harika Nova Yeri when reading the verdict at the Central Jakarta District Court on Friday (6 March).
“Restoring the rights of the defendants in their capacity, position, dignity and honour,” the judge continued.
Cassation appeals by defendants or prosecutors are regulated in the new KUHAP. Article 299 paragraph (2) states that cassation cannot be filed against verdicts of acquittal, judicial forgiveness, measures, crimes carrying sentences of no more than five years’ imprisonment or Category V fines, and verdicts examined under expedited proceedings.
Referring to this article, Co-ordinating Minister for Law, Human Rights and Legal Reforms Yusril Ihza Mahendra previously stated that prosecutors cannot file an appeal in the Delpedro case.