Defendant in Obstruction of Investigation in 3 Corruption Cases Submits Counter-Memorandum of Cassation
The defendant in the alleged obstruction of investigation case involving three corruption matters, M Adhiya Muzzaki, has submitted a counter-memorandum of cassation. Muzzaki’s side regrets the cassation appeal filed by the public prosecutors (JPU) against the acquittal verdict for their client.
“Today, we have submitted the counter-memorandum of cassation in response to the memorandum submitted by the prosecutors, which essentially expresses our regret over the prosecutors’ cassation efforts because, in accordance with the provisions of the new Criminal Procedure Code (KUHAP), an acquittal verdict cannot be subject to cassation,” said Muzzaki’s lawyer, Juventhy M Siahaan, to reporters at the Central Jakarta District Court on Monday (13/4/2026).
Juventhy assessed that the prosecutors appear to disregard the Constitutional Court (MK) ruling regarding Article 21 of the Corruption Eradication Law (UU Tipikor). He alluded to the ruling on the phrase “indirectly” in that article.
“The prosecutors seem to disregard the MK’s decision stating that the phrase ‘indirectly’ in Article 21 has been declared inapplicable. Thus, the legal construction is very weak, forcing the notion that someone must be imprisoned once prosecuted, even though the panel has acquitted them,” he said.
Juventhy hopes the Supreme Court will make an objective decision in this cassation of the acquittal verdict. He stated that an acquittal cannot be cassated under the new KUHAP.
“We hope the Supreme Court, as the final guardian of justice in this country, can act objectively, meaning viewing this matter purely from a legal perspective. Under the KUHAP, it is stipulated that an acquittal verdict cannot be cassated, and secondly, the MK has ruled through decision number 71 that the phrase ‘indirectly’ is no longer legally binding,” said Juventhy.
“Because this not only concerns our client Muzzaki but also the rights of all Indonesian people to freedom of opinion and expression, so they are not haunted by threats of punishment or imprisonment,” he added.
For information, Junaedi Saibih is an advocate, Adhiya Muzzaki is a buzzer, and Tian Bahtiar is the Director of JakTV. The three were prosecuted by the prosecutors with sentences of 8 and 10 years in prison.
The prosecutors believe they obstructed the investigation in three corruption cases. The cases in question are corruption in the management of tin commodities, corruption in sugar imports at the Ministry of Trade, and corruption in the management of crude palm oil (CPO) or cooking oil export permits.
The prosecutorial team stated that the three actively and deliberately carried out a non-judicial scheme outside the courtroom to form negative opinions as if the handling of the cases by the prosecutor’s office in the three matters was improper.
The verdict hearing for the three was held at the Jakarta Corruption Court on Tuesday (3/3). The panel of judges acquitted the defendants from the charges of obstructing the investigation in the three cases, namely corruption in tin commodity management, corruption in sugar imports at the Republic of Indonesia Ministry of Trade, and corruption in the management of crude palm oil (CPO) or cooking oil export permits.