MP: Cassation Attempt Against Acquittal of Delpedro and Associates a Misstep
Jakarta (ANTARA) - Member of DPR RI Commission III Hinca Panjaitan stated that the Attorney General’s Office’s (Kejagung) filing of a cassation appeal against the acquittal of Lokataru Foundation Executive Director Delpedro Marhaen and associates constitutes a misguided step.
This is because, he emphasised, the new Criminal Procedure Code (KUHAP) stipulates that acquittal decisions by a panel of judges cannot be subject to cassation.
“We in the DPR, as the legislature that drafted the KUHAP, concluded yesterday for the Amsal case (involving a videographer entangled in a case) that cassation is not permitted, and there is indeed a provision to that effect; acquittal decisions cannot be cassated,” Hinca said at the parliamentary complex in Jakarta on Tuesday.
Previously, Delpedro and his associates were implicated in an alleged incitement case during the August 2025 demonstrations that turned violent.
He explained that under the old KUHAP, there was no rule prohibiting cassation appeals against acquittals. However, he noted that attempts at appeal or cassation against acquittals can no longer be pursued.
In essence, he stressed that no further legal actions may be taken by relevant parties against acquittals already determined by a panel of judges.
“So, if, for example, the Attorney General’s Office opts for cassation by relying on an interpretation of the old KUHAP, that’s how I read it earlier. In my opinion, the new KUHAP is clearly in effect,” he said.
If there is debate regarding the applicable law and the timeframe for its treatment of an individual, he stated that the principle to be applied must be the one that provides the most leniency.
“For us, this discussion is already settled; there should be no cassation. I am confident the judges will reject it,” he said.
Article 299 Paragraph 2 of Law No. 20 of 2025 on the KUHAP explains that cassation review cannot be filed against acquittal decisions, judicial pardons, action-based decisions, decisions on criminal acts punishable by imprisonment of no more than five years or Category V fines, and decisions already examined via summary proceedings.