MP Deems Cassation Against Delpedro's Acquittal Verdict to Violate New Criminal Procedure Code
JAKARTA, KOMPAS.com - Member of House of Representatives Commission III Hinca Panjaitan deems the Attorney General’s Office’s step to file a cassation appeal against the acquittal verdict for Lokataru Foundation Executive Director Delpedro Marhaen and associates as inappropriate.
He stressed that the new Criminal Procedure Code (KUHAP) clearly prohibits cassation appeals against acquittal decisions.
“There is no (cassation), the KUHAP is clear. Very clear that cassation is not allowed,” said Hinca when met at the House of Representatives building on Tuesday (7/4/2026).
Therefore, Hinca believes there is no room for interpretation to still file a cassation in that case.
He added that if the Attorney General’s Office still files cassation by referring to the old KUHAP, it would not align with the currently applicable legal principles.
“If, for example, the Attorney General’s Office chooses cassation by using the interpretation of the old KUHAP, I opine that the new KUHAP has clearly been in effect,” he stated.
“If there are two laws or one law in two periods applied to a person, the principle is to apply the one that is most lenient for him. Therefore, for us, this discussion is settled. There should be no cassation,” he said.
“I am confident the judges will reject it,” he concluded.
Apart from Hinca’s response, Article 299 of the new KUHAP states that cassation cannot be filed against acquittal decisions.
The wording of the article is as follows:
Article 299
Against criminal case decisions given at the final level by courts other than the Supreme Court, the Defendant or the Public Prosecutor may file a cassation examination petition to the Supreme Court.
The cassation examination petition as referred to in paragraph (1) cannot be filed against:
acquittal decisions;
decisions in the form of judicial pardon; c. decisions in the form of actions;
decisions against criminal acts threatened with imprisonment of not more than 5 (five) years or category V fines; and
decisions that have been examined through a simplified examination procedure.
Previously reported, the Public Prosecutor filed a cassation appeal against the acquittal verdict for Lokataru Foundation Executive Director Delpedro Marhaen and associates by referring to the old Criminal Procedure Code (KUHAP).