Delpedro's Response After Prosecutors File Appeal Against Acquittal in Incitement Case
Public prosecutors (JPU) have officially filed an appeal against the acquittal of Lokataru’s Executive Director, Delpedro Marhaen Rismansyah and others, in the alleged incitement case. Delpedro views the prosecutors as having their own interpretation regarding the permissibility of filing an appeal against an acquittal.
“The appeal filed by the public prosecutors is a form of disrespecting the court’s decision and defying the law. The prosecutors seem to have their own interpretation about the permissibility of filing an appeal against an acquittal decision, whereas the new KUHAP clearly stipulates that appeals cannot be filed against acquittal decisions,” said Delpedro Marhaen Rismansyah to reporters on Tuesday (7/4/2026).
Delpedro alluded to the statement of the Coordinating Minister for Law, Human Rights, Immigration, and Corrections (Menko Kumham Imipas) Yusril Ihza Mahendra. He mentioned that Yusril also holds the view that appeals cannot be filed against acquittals based on the new KUHAP.
“Menko Yusril agrees with that, and has warned the prosecutors not to appeal, meaning the prosecutors did not consider that view, which comes not only from the Coordinating Minister but from a legal expert,” he said.
Delpedro requested that the House of Representatives’ Commission III summon the prosecutors handling his case. According to him, if there is no adjustment in understanding regarding the rules on whether appeals against acquittals are permitted or not, it will lead to legal uncertainty.
“We also request that Commission III of the House of Representatives summon those prosecutors, and other prosecutors who file appeals against acquittal decisions. This means there needs to be an adjustment in understanding about appeals in the new KUHAP. If the House of Representatives, especially the Chairman of Commission III, Habiburokhman, does not summon those prosecutors, this trend will continue and cause legal uncertainty,” he stated.
Furthermore, Delpedro assessed that the provisions in Article 361 letter c of the new KUHAP are already clear. He opined that if prosecutors file an appeal after the new KUHAP is enacted, the appeal must also be based on the new KUHAP, not the old one.
“Article 361 letter c of the new KUHAP has actually provided quite clear direction. The old KUHAP is only given temporary space until the court decisions currently under examination are decided at the first instance,” said Delpedro.
“After that, the criminal procedure system must switch to the new regime. Therefore, when prosecutors file an appeal after the 2025 KUHAP comes into effect, normatively, that action must be processed based on the new KUHAP, not based on the 1981 KUHAP which has been revoked. That’s why I say here that the prosecutors have their own interpretation,” he added.
Prosecutors File Appeal
Previously, prosecutors filed an appeal against the acquittal of Lokataru’s Executive Director, Delpedro Marhaen Rismansyah, and other defendants in the alleged incitement case involving a riotous demonstration. The appeal was filed because the prosecutors disagreed with the acquittal decision.
“We respect and appreciate the decision that acquitted the defendant Delpedro Marhaen Rismansyah and others. However, we disagree with that decision and are taking legal recourse by appealing against the decision of Delpedro Marhaen Rismansyah and others,” said the Head of the Public Prosecution Division of the Jakarta Regional Prosecutor’s Office, Dapot Pariarma, in a written statement on Tuesday (7/4).
Dapot said that the appeal memorandum for the acquittal of Delpedro and others has been submitted to the Central Jakarta District Court. The appeal application for the acquittal of Delpedro and others was filed by the prosecutors on Monday (16/3).
“On Monday, 16 March 2026, we stated the appeal against the decision of Delpedro Marhaen Rismansyah and others and submitted the appeal memorandum to the Central Jakarta District Court on Friday, 27 March 2026,” he said.
The Head of the Public Relations Division of the Attorney General’s Office, Anang Supriatna, explained the legal basis for filing the appeal. Anang said that the acquittal decision of Delpedro and others still refers to the old KUHAP, so legal recourse by appeal can be taken.
“Based on the transitional provisions as stipulated in Article 361 letter c of Law Number 20 of 2025 concerning the KUHAP, 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 concerning Criminal Procedure Code (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 judicial review process which applies the provisions in the 2025 KUHAP,” said Anang.
“Thus, for the case of Delpedro Marhaen Rismansyah and others which was decided as acquitted (vrijspraak) during the examination period, for legal recourse it still refers to Law Number 8 of 1981 concerning Criminal Procedure Code (old KUHAP), so for that case, legal recourse by appeal is taken,” added Anang.