House Commission III: Prosecutors Cannot Appeal Acquittal of Activist Delpedro and Associates
House Commission III member Hinca Panjaitan has stated that public prosecutors cannot file a cassation or further legal remedy with the Supreme Court against the acquittal of Lokataru Foundation director Delpedro Marhaen and his associates.
According to Hinca, this provision is regulated in the new Criminal Procedure Code (KUHAP) drafted by the House of Representatives and effective since early January 2026.
Hinca explained that it prohibits both cassation and appeals against acquittals.
“In the past, the old KUHAP had no rules on cassation, only appeals, so they chose cassation. Now we’ve made both. That means no legal remedies against acquittal decisions,” Hinca said at the parliamentary complex on Tuesday (7/4).
He added that if prosecutors still refer to the old KUHAP, the principle of applying the law that benefits the defendant will prevail. This would occur if prosecutors debate the provisions between the new and previous KUHAP.
Therefore, Hinca believes the Supreme Court will also reject the prosecutors’ cassation in this case.
“So for us, the discussion is settled. There should be no cassation. I’m confident the judges will reject it,” Hinca said.
Head of the Attorney General’s Office Legal Information Centre, Anang Supriatna, revealed the reason his side is still filing a cassation against Delpedro’s verdict.
According to Anang, the incitement case was transferred to the court on 9 December 2025, so the procedural law used is the old KUHAP.
Based on the transitional provisions in Article 361 letter c of the new KUHAP, criminal cases that have been transferred to the court and the examination process has begun shall continue to be examined, tried, and decided under the old KUHAP.
“Thus, for the case of Delpedro Marhaen Rismansyah et al., which was acquitted (vrijspraak) during the examination period, legal remedies shall still refer to Law Number 8 of 1981 on Criminal Procedure (old KUHAP), so cassation will be pursued for that case,” Anang said when confirmed via written message on Tuesday (7/4).
The Central Jakarta District Court panel of judges on 6 March handed down an acquittal for Delpedro and his associates. They were not proven to have spread hoax news and committed incitement related to last August’s demonstration that ended in chaos.
The panel also stated that Delpedro and his associates were not proven to have recruited 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.