Budi's Lawyer Urges President and Commission III to Investigate Prosecutors Who Disregarded the North Jakarta District Court's Interim Ruling

Jakarta, VIVA – Budi’s legal team continues to fight for legal certainty and enforcement for Budi. Through his lawyer, Faomasi Laia, he hopes that Budi will receive full protection of his rights for equal justice.

Previously, the panel of judges at the North Jakarta District Court acquitted the defendant, Budi, through an interim ruling on Thursday, January 29, in a case of alleged defamation.

At that time, the panel of judges granted the legal team’s exception because the case was deemed to have passed the statute of limitations, so the examination of the main case was stopped and Budi was entitled to be immediately (and now is) released from custody.

The legal team’s exception was accepted because the case was deemed to have passed the statute of limitations based on articles 136 and 137 of the new Criminal Code (Law No. 1 of 2023) which will take effect on January 2, 2026. The indictment by the Public Prosecutor (JPU) was declared inadmissible, so the trial was not continued to the evidentiary stage and Budi was immediately released.

Ironically, the JPU opposed the interim ruling of the North Jakarta District Court. This was considered that the JPU was not careful, ignored the facts of the trial, and was reluctant to carry out the ruling. Moreover, the judge’s decision must be considered correct and must be carried out by the prosecutor.

This act can damage the reputation of the institution and reduce public trust in the enforcement of the law.

If the interim ruling refers to the statute of limitations or a flawed indictment (in accordance with the principle of Lex Favor Reo), the JPU is obliged to comply and not force the case.

Ignoring the interim ruling or the New Criminal Code is considered a violation of legal certainty and a poor report card for the Prosecutor’s Office.

“With all due respect, we ask the Deputy Attorney General for Supervision, the Attorney General’s Office, and the Attorney General (Sanitiar Burhanuddin) to investigate the JPU whose decision is in direct conflict with the Criminal Code,” said Faomasi to reporters, Thursday, February 26, 2026.

In addition, Faomasi also asked the Jakarta High Court, the High Prosecutor’s Office and the District Prosecutor’s Office to decide the case in accordance with the New Criminal Code in accordance with the Principle of Lex Favor Reo.

It should be noted that this principle means that if there is a change in legislation (a transition from the old Criminal Procedure Code to the new Criminal Procedure Code), then the regulation that applies is the regulation that is most beneficial or lenient for the suspect or defendant.

“There is no reason for the JPU to continue it to the evidentiary stage. Law enforcement officials must strengthen public trust that the court is truly a place of protection for seeking true justice. The court must be the last bastion for those seeking justice to obtain legal certainty and protection of their rights. If not, then its authority is threatened with being destroyed, damaged, due to irresponsible prosecutors,” he added.