Expert: Prosecutor's Office Cassation Appeal Against Acquittal of Delpedro is Legally Valid, Why?
JAKARTA, KOMPAS.com — Criminal law expert Abdul Fickar Hadjar believes that the Attorney General’s Office (AGO) move to file a cassation appeal against the acquittal of Delpedro Marhaen and three associates in the alleged incitement case for the August 2025 demonstrations is legally valid.
According to him, such legal remedies are permitted under both the old and new Criminal Procedure Codes (KUHAP).
“Every party, whether under the new KUHAP or the old one, has the right to pursue legal remedies,” Fickar said when contacted by Kompas.com on Tuesday (7/4/2026).
Thus, an appeal cannot be lodged. “It must go straight to cassation. Cassation no longer examines the facts of the trial, but rather reviews the application of the law by the judge,” Fickar stated.
“Why did they acquit Delpedro and his associates? Did the judge apply the law correctly? That’s what is examined at the cassation stage,” he explained.
Fickar then referenced several articles in the new KUHAP, namely Article 285 on appeals, Article 299 on cassation, and Article 318 on review (PK).
These articles, he said, have the same substance as the provisions in the old KUHAP.
When asked about the statement from the Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services (Menko Kumham Imipas) Yusril Ihza Mahendra, who previously urged prosecutors not to seek loopholes to file a cassation, Fickar deemed it acceptable to express such an opinion.
“Minister Yusril is entitled to his view. But the Prosecutor’s Office may have other considerations,” Fickar said.
Fickar suggested that all parties await the Supreme Court’s cassation ruling.
Meanwhile, constitutional law expert from Andalas University, Feri Amsari, highlighted Minister Yusril’s statement regarding the acquittal of Delpedro and his associates. He believes the Attorney General’s Office should respect the Coordinating Minister’s position.
“If not, it gives the impression that cabinet members are clashing in their stances,” Feri said when confirmed by Kompas.com.
“Only a higher command than the coordinating minister would make the prosecutor’s office differ in opinion on that,” he added.