Delpedro Responds to Prosecutors' Appeal Against Acquittal in August Demonstration Case

Director of the Lokataru Foundation, Delpedro Marhaen, stated that the Public Prosecutors (JPU) are overriding the law by filing an appeal against the acquittal decision in case number 742/Pid.Sus/2025/PN Jkt.Pst, which was handed down by the panel of judges at the Central Jakarta District Court (PN) on 6 March 2026. In that ruling, the panel of judges at PN Jakpus acquitted Delpedro because the prosecution’s charges and demands were not proven. “The appeal filed by the Public Prosecutors is a form of disrespecting the court’s decision and overriding the law,” Delpedro said when contacted via written message on Tuesday (7/4). According to Delpedro, the prosecutors’ action seems to imply their own interpretation regarding the permissibility of filing an appeal against an acquittal. However, he clarified, the new Criminal Procedure Code (KUHAP) explicitly states that prosecutors cannot appeal acquittals. “Coordinating Minister Yusril [Coordinating Minister for Law and Human Rights Imipas Yusril Ihza Mahendra] agrees with this, and has warned prosecutors not to appeal. This means the prosecutors are not considering that view, which comes not only from the Coordinating Minister but from a legal expert,” he explained. On that basis, Delpedro, representing his three colleagues who were previously prosecuted in the alleged incitement case, requested that the House of Representatives’ Commission III summon those prosecutors and others who are overriding the law. “We also request that the House of Representatives’ Commission III summon those prosecutors, and other prosecutors who file appeals against acquittal rulings,” Delpedro said. “This means there needs to be an adjustment in understanding regarding appeals under the new KUHAP. If the House of Representatives, particularly the Chairman of Commission III, Habiburokhman, does not summon those prosecutors, this trend will continue and create legal uncertainty,” he added. The examination at the appeal level is regulated in Article 299 of Law Number 20 of 2025 on the new KUHAP. Article 299 paragraph 1 states: “Against criminal case decisions given at the final level by courts other than the Supreme Court, the Defendant or the Public Prosecutor may file a request for cassation examination with the Supreme Court.” Paragraph 2 specifies that the cassation examination request as referred to in paragraph 1 cannot be filed against: a. acquittal decisions; b. decisions in the form of judicial pardons; c. decisions in the form of actions; d. decisions on criminal acts punishable by imprisonment of no more than 5 years or category V fines; and e. decisions that have been examined through abbreviated examination procedures. Previously, the Attorney General’s Office officially filed an appeal against the acquittal obtained by Delpedro and his three colleagues, who were political detainees previously prosecuted for incitement allegations related to last August’s demonstrations. The three individuals are Staff of the Lokataru Foundation Muzaffar Salim, admin of @gejayanmemanggil Syahdan Husein, and student at Riau University as well as admin of Aliansi Mahasiswa Menggugat Khariq Anhar. “Date of application Monday, 16 March 2026. Cassation applicant Tri Yanti Merlyn Christin Pardede (Public Prosecutor),” as stated on the Central Jakarta District Court Case Tracking Information System (SIPP) page, quoted on Tuesday (7/4). Delpedro and his colleagues were acquitted because it was not proven that they spread hoax news and committed incitement related to last August’s demonstrations that ended in unrest. The panel of judges at the Central Jakarta District Court also stated that Delpedro and his colleagues were not proven to have encouraged or exploited children for military and/or other armed interests as charged under Article 76H in conjunction with Article 15 in conjunction with Article 87 of Law Number 35 of 2014 on Child Protection in conjunction with Article 55 paragraph 1 first of the Criminal Code. “Acquitting the Defendants from all charges of the Public Prosecutor,” said the chief judge Harika Nova Yeri when reading the decision’s verdict at the Central Jakarta District Court on Friday (6/3). “Restoring the rights of the Defendants to the fullest, their position, dignity, and honour,” the judge continued.