Delpedro's Legal Team Views Attorney General's Cassation as Potential Repression Tool
The legal team of Delpedro Marhaen Rismansyah, united under the Advocacy Team for Democracy (TAUD), views the Attorney General’s Office’s (Kejagung) decision to file a cassation appeal against their client’s acquittal as a step that potentially endangers democratic principles and legal certainty.
In an official statement, TAUD described the cassation filing against Decision Number 742/Pid-Sus/2025/PN.Jkt.Pst as an inappropriate measure, particularly since the previous panel of judges had declared all charges unproven.
“The filing of a cassation appeal in this case demonstrates a lack of commitment to the continuity of democracy, while also being a misguided response to a legal product that has set a positive precedent for protecting freedom of expression and public participation,” stated the legal team on Tuesday (7/4).
They asserted that, in principle, public prosecutors should not file cassation appeals against acquittal decisions unless in very limited circumstances with strong grounds.
“An acquittal is a form of legal protection for citizens against unfounded punishment. Cassation appeals should only be pursued if there is a clear and fundamental error in the application of the law, not merely due to dissatisfaction with the verdict,” emphasised the legal team.
Furthermore, TAUD assessed that the acquittal handed down by the Central Jakarta District Court on 6 March 2026 not only restored the rights of the defendants but also strengthened the principle of due process of law in the criminal justice system.
“This decision underscores the importance of fact- and law-based proof, rather than political pressure,” they continued.
TAUD also warned that the habit of filing appeals against acquittals without solid grounds could have detrimental effects on the judicial system.
“This practice has the potential to erode legal certainty, weaken public trust in the independence of the judiciary, and create a chilling effect on society in exercising their constitutional rights,” they stated.
In addition, the cassation move is seen as prolonging legal uncertainty for the defendants, including Delpedro, Muzaffar Salim, Syahdan Husein, and Khariq Anhar.
“The filing of cassation in a case laden with political overtones from the outset potentially indicates the use of criminal law as an instrument of repression against civil liberties,” they said.
They also viewed the acquittal as a victory not only for the defendants but for the rule of law.
“This victory is not merely an individual success but a triumph for the protection of freedom of expression,” they stressed.
On that basis, TAUD urged the Attorney General to review the cassation step and requested the Supreme Court to examine the case objectively and independently.