Public Prosecutor Appeals Acquittal of Delpedro et al., Defying New Criminal Procedure Code?

JAKARTA, KOMPAS.com - The Public Prosecutor’s Office’s (JPU) decision to file a cassation appeal against the acquittal of Lokataru Foundation Executive Director Delpedro Marhaen and three other defendants has sparked a legal polemic. The panel of judges at the Central Jakarta District Court previously declared that Delpedro Marhaen Rismansyah, Muzaffar Salim, Syahdan Husein, and Khariq Anhar were not proven guilty in a legally valid and convincing manner of incitement that caused unrest during the August 2025 demonstration. The ruling, read by Chief Judge Harika Nova Yeri on 6 March 2026, also ordered the release of the defendants and the restoration of their rights, positions, dignity, and honour. Head of the Attorney General’s Office Legal Information Centre, Anang Supriatna, emphasised that the legal basis used still refers to Law Number 8 of 1981. “Regarding the case of Delpedro Marhaen Rismansyah et al., which was decided with an acquittal during the examination period for legal remedies, it still refers to Law Number 8 of 1981 on Criminal Procedure (old KUHAP),” said Anang on Tuesday (7/4/2026). However, the new KUHAP under Article 299 explicitly states that cassation cannot be filed against an acquittal ruling. According to Delpedro, the prosecutors’ action constitutes a failure to respect the court decision and a defiance of the law. “The prosecutors seem to have their own interpretation regarding the permissibility of filing a cassation against an acquittal verdict,” Delpedro told Kompas.com on Tuesday (7/4/2026). “Whereas the new KUHAP has clearly regulated that cassation cannot be carried out against an acquittal decision,” he continued. Delpedro also alluded to the statement by the Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services, Yusril Ihza Mahendra, who previously warned against filing a cassation on that verdict. He assessed that the prosecutors did not consider the view of a minister who is also an expert in constitutional law. Delpedro urged the House of Representatives’ Commission III to summon the prosecutors who filed the cassation. According to him, there needs to be an adjustment in understanding regarding the cassation provisions in the new KUHAP.