Prosecutors Appeal Acquittal in Delpedro Case, Yusril: We Await the Supreme Court Ruling

VIVA – The Attorney General’s Office (AGO) has filed an appeal against the acquittal of Lokataru Foundation Executive Director Delpedro Marhaen and his associates in the alleged incitement case stemming from the chaotic August 2025 demonstrations.

In response, Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services Yusril Ihza Mahendra respects the legal appeal process taken by law enforcement in the Delpedro case. He leaves the decision on the appeal regarding Delpedro Marhaen and his associates to the Supreme Court (MA).

“Although the Prosecutor’s Office is part of the executive (government), the prosecutors remain independent in carrying out their duties and authority as law enforcement officials,” Yusril said when contacted in Jakarta on Tuesday.

From the outset, he has stated that court decisions must be respected as a manifestation of judicial independence.

At the same time, every legal step, including appeal efforts, he said, should be truly based on various normative provisions in the applicable criminal procedure law to create fair legal certainty as mandated by the 1945 Constitution.

Prosecutors Prohibited from Appealing Acquittals

Yusril explained that in the Delpedro case, the investigation, inquiry, prosecution, and trial processes still used the old Criminal Procedure Code (KUHAP). Meanwhile, the verdict was handed down after 2 January 2026, when the new KUHAP had come into effect.

“Well, when the acquittal was handed down, the new KUHAP had already taken effect. Can prosecutors appeal an acquittal after the new KUHAP is in force? The new KUHAP states that in an acquittal decision, it is final, and prosecutors may not appeal. Or can prosecutors still file an appeal because the case began under the old KUHAP? This becomes an academic debate,” Yusril stated.

“Therefore, in my view, if the prosecutors still file the appeal, the decision on whether the appeal is permissible will be determined by the Supreme Court. Delpedro and his lawyers can use the argument of legal change in their counter-memorandum to the Supreme Court,” he continued.

Meanwhile, Yusril added, the Supreme Court could declare the prosecutors’ appeal N.O. or Niet Ontvankelijke Verklaard, meaning ‘not receivable’, so the merits of the case are not examined. Or, the Supreme Court will still examine the appeal petition. That decision is the authority of the cassation panel handling the case.