Delpedro and associates challenge the Attorney General's cassation appeal to the Supreme Court

Jakarta (ANTARA) - Delpedro Marhaen, the Executive Director of the Lokataru Foundation, and his associates have contested the public prosecutor’s cassation appeal from the Attorney General’s Office (AGO) to the Supreme Court (MA) by submitting a counter-memoir at the Central Jakarta District Court on Monday.

Muzaffar Salim, a staff member of the Lokataru Foundation, stated that the submission of the counter-memoir aims to seek the MA’s perspective on interpreting the case involving him and three other defendants, as well as the differences in applying procedural law under the new Criminal Procedure Code (KUHAP).

“We submit this to the Supreme Court. We believe that the Supreme Court can view this legal matter broadly, objectively, and clearly,” said Muzaffar when met after submitting the counter-memoir.

He explained that the new KUHAP explicitly states that prosecutors may no longer file cassation appeals against acquittal decisions.

However, in the alleged incitement case stemming from the chaotic August 2025 demonstrations, which implicated Delpedro and his associates as defendants, Muzaffar said the prosecutors consider the applied procedural law as a transitional phase from the old to the new KUHAP, thereby allowing the cassation appeal.

Accordingly, the counter-memoir includes five requests from the defendants to the panel of judges in the case. First, to fully accept the counter-memoir of cassation from the cassation respondents.

Second, to fully reject the cassation petition from the cassation petitioner or the public prosecutor. Third, to declare the cassation memoir from the cassation petitioner or the public prosecutor inadmissible.

Fourth, to uphold the Central Jakarta District Court Decision Number 742/Pidsus/2025/PN Jkt Pst dated 6 March 2026.

Fifth, to burden the costs of the case to the state according to applicable law, or if the panel of judges deems otherwise, to issue a decision that is just and equitable or ex aequo et bono.

In addition to Delpedro and Muzaffar, the other two defendants acquitted in the case are Syahdan Husein, admin of Gejayan Memanggil, and Khariq Anhar, admin of Aliansi Mahasiswa Penggugat.

All four defendants were acquitted by the Central Jakarta District Court panel of judges after being found not guilty of committing criminal acts in the alleged incitement case from the August 2025 demonstrations that turned violent.

During the trial, the public prosecutor was deemed unable to present evidence showing any manipulation, fabrication, or engineering of facts by the defendants.

Consequently, the panel of judges ordered the public prosecutor to restore the rights of the defendants in terms of their abilities, positions, dignity, and honour.

In the case, Delpedro and his associates were charged with uploading 80 collaborative contents of an inciting nature aimed at inciting hatred against the government from 24-29 August 2025.

It was stated that the defendants uploaded electronic information on social media managed by the four defendants, which encouraged students to engage in riots.

These invitations via social media were produced from 24-29 August 2025, where the narratives uploaded by the defendants incited students, mostly minors, to follow and cause anarchy in front of the DPR RI, the Metro Jaya Police Headquarters, and several other locations.

One of the uploads cited in the charges was a poster reading “Legal aid for students taking to the streets” with the caption “Are you a student joining the action? Don’t be afraid of intimidation or criminalisation; just contact us.”