Delpedro and Associates Submit Counter-Memoir of Cassation to Central Jakarta District Court

Four defendants in the suspected incitement case stemming from the chaos during the August 2025 demonstration protests have submitted a counter-memoir of cassation. They hope the judges will reject the cassation petition filed by the public prosecutors (JPU).

The submission took place at the registry of the Central Jakarta District Court on Monday (13/4/2026). The four defendants are Lokataru Executive Director Delpedro Marhaen Rismansyah, admin of @gejayanmemanggil Syahdan Husein, Lokataru Foundation staff Muzaffar Salim, and University of Riau student Khariq Anhar.

Syahdan, Muzaffar, and Khariq were present in person for the submission of the counter-memoir of cassation, accompanied by their legal team. Delpedro, however, did not attend in person.

“For the counter-cassation, I am permitted to read its petitum. The first petitum is to accept the counter-memoir of cassation from the cassation respondents in its entirety. The second is to reject the cassation petition of the cassation petitioner or the Public Prosecutor in its entirety,” said Muzaffar, reading the petitum of the counter-memoir of cassation.

“The third is to declare the cassation memoir of the cassation petitioner or the Public Prosecutor unacceptable. The fourth is to uphold the decision of the Central Jakarta District Court number 742/Pidsus/2025/PN Jkt Pst dated 6 March 2026. The fifth is to burden the costs of the case to the state according to applicable law,” Muzaffar added.

Muzaffar submitted the interpretation of whether the filing of cassation is permissible in his acquittal decision to the Supreme Court (MA). He stated that the case against him relates to the right to freedom of expression.

“We hereby submit this to the Supreme Court. We believe that the Supreme Court can view this legal case broadly, objectively, and clearly,” he said.

Syahdan assessed that the cassation filed by the prosecutors creates an aroma of fear imposed on society. He alluded to the law being used as an instrument to suppress critical voices.

“I am not discussing the legal perspective but the psychological impact perspective that I experienced. I feel that with this cassation, it is not just the public prosecutors playing with the fairest judge’s decision on our acquittal,” said Syahdan.

“It instead creates a chilling effect, an aroma of fear given to society from those in power, thus giving a tint that we are heading towards a more authoritarian system that uses the law as an instrument to suppress critical voices, especially among the youth today,” Syahdan added.

Syahdan viewed this cassation as a form of oppression against young people’s voices. He reminded young people not to fear speaking out.

“This cassation is the face of oppression against young people’s voices. That might be all from me; the point is, never be afraid to speak out whatever the consequences, because change is a reality that will come in the future,” he said.

Previously, the prosecutors filed a cassation against the acquittal verdict for Delpedro and the other defendants in the suspected incitement case of the chaotic demo. The cassation was filed because the prosecutors disagreed with the acquittal decision.

“We respect and appreciate the decision that acquitted defendant Delpedro Marhaen Rismansyah and others. However, we disagree with that decision and are taking legal recourse through cassation against the decision for Delpedro Marhaen Rismansyah and others,” said Kasipenkum of the DKI Jakarta Prosecutor’s Office, Dapot Pariarma, in a written statement on Tuesday (7/4).

Dapot said the cassation memoir for the acquittal of Delpedro and others has been submitted to the Central Jakarta District Court. The cassation petition for the acquittal of Delpedro and others was filed by the prosecutors on Monday (16/3).

“On Monday, 16 March 2026, we declared cassation against the decision for Delpedro Marhaen Rismansyah and others and submitted the cassation memoir to the Central Jakarta District Court on Friday, 27 March 2026,” he stated.

Head of Public Relations at the Attorney General’s Office, Anang Supriatna, explained the legal basis for filing the cassation. Anang said the acquittal decision for Delpedro and others still refers to the old Criminal Procedure Code (KUHAP), so cassation can be pursued.

“Based on the transitional provisions as per Article 361 letter c of Law Number 20 of 2025 on the Criminal Procedure Code, it states that criminal cases that have been handed over to the court and the examination process has begun shall continue to be examined, tried, and decided based on the provisions in Law Number 8 of 1981 on Criminal Procedure (State Gazette of the Republic of Indonesia Year 1981 Number 76, Supplement to the State Gazette of the Republic of Indonesia Number 3209), except for the review process which follows the provisions in the 2025 KUHAP,” said Anang.

“Thus, for the case of Delpedro Marhaen Rismansyah and others who were acquitted (vrijspraak) during the examination period, legal recourse still refers to Law Number 8 of 1981 on Criminal Procedure (old KUHAP), so cassation is pursued for that case,” Anang added.