KUHAP Prohibits It, Kejagung Reveals Reasons for Appealing Acquittal Verdict for Delpedro
The Attorney General’s Office (Kejagung) has revealed the reasons behind its decision to appeal the acquittal verdict for Lokataru Foundation Director Delpedro Marhaen and his associates, despite the new Law Number 20 of 2025 on the Criminal Procedure Code (KUHAP) prohibiting such actions.
Head of the Legal Information Centre of the Attorney General’s Office, Anang Supriatna, explained that the alleged incitement case was transferred to the court on 9 December 2025, meaning the old KUHAP applies. According to the transitional provisions in Article 361 letter c of the new KUHAP, criminal cases already transferred to court and where examination has begun must be examined, tried, and decided under the provisions of Law Number 8 of 1981 on Criminal Procedure (old KUHAP), except for the Review process which follows the 2025 KUHAP.
“Thus, for the case of Delpedro Marhaen Rismansyah et al., which was acquitted (vrijspraak), the legal remedies during the examination period still refer to Law Number 8 of 1981 on Criminal Procedure (old KUHAP), so an appeal is pursued for that case,” Anang stated in a written confirmation on Tuesday (7/4).
Kejagung officially filed the appeal against the acquittal obtained by Delpedro and three of his colleagues, who were political detainees prosecuted for incitement related to last August’s demonstrations.
The three individuals are Lokataru Foundation staff Muzaffar Salim, admin of @gejayanmemanggil Syahdan Husein, and Riau University student and admin of Aliansi Mahasiswa Menggugat Khariq Anhar.
“The appeal application date was Monday, 16 March 2026. Appellant: Tri Yanti Merlyn Christin Pardede (Public Prosecutor),” as stated on the Case Search Information System (SIPP) of the Central Jakarta District Court (PN), quoted on Tuesday (7/4).
In response, Delpedro accused the Public Prosecutor (JPU) of bypassing the law by appealing the acquittal in case number 742/Pid.Sus/2025/PN Jkt.Pst, handed down by the panel of judges at the Central Jakarta District Court on 6 March 2026.
“The appeal filed by the Public Prosecutor is a form of disrespecting the court decision and bypassing the law,” Delpedro said in a written confirmation on Tuesday (7/4).
Delpedro stated that the prosecutors seem to have their own interpretation regarding the permissibility of appealing an acquittal. However, he clarified, the new KUHAP has explicitly stated that prosecutors cannot appeal acquittals.
“Coordinating Minister Yusril also agrees with this, and has warned prosecutors not to appeal. This means the prosecutors did not consider that view, which comes not only from the Coordinating Minister but from a legal expert,” 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 Public Prosecutor may file an appeal examination request to the Supreme Court.”
Then, Article 299 paragraph (2) specifies that the appeal examination request as referred to in paragraph (1) cannot be filed against:
acquittal decisions
decisions in the form of judicial pardon
decisions in the form of actions
decisions on criminal acts threatened with imprisonment of no more than 5 years or category V fines
decisions examined through a simplified examination procedure
Delpedro et al.’s Acquittal Verdict
On Friday, 6 March, the panel of judges at the Central Jakarta District Court issued an acquittal for Delpedro and his associates. The acquittal was granted because there was no evidence showing that the defendants had spread false news and committed incitement related to last August’s demonstrations that ended in unrest.
The panel of judges stated that Delpedro and his associates were also 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 (1) 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 at the Central Jakarta District Court on Friday (6/3).
“Restoring the rights of the Defendants in their abilities, positions, dignity, and honour,” the judge continued.