Response to Cassation of Delpedro Verdict, Yusril Highlights Prosecutors' Independence

JAKARTA, KOMPAS.com — Coordinating Minister for Law, Human Rights, Immigration, and Correctional Services, Yusril Ihza Mahendra, stated that he respects the cassation appeal filed by the Attorney General’s Office (Kejagung) against the acquittal verdict in the Delpedro Marhaen and associates case.

According to him, although the prosecution falls under the executive branch, prosecutors remain independent in carrying out their law enforcement functions.

“From the beginning, I have stated that court decisions must be respected as a manifestation of judicial independence,” Yusril said when confirmed by Kompas.com on Tuesday (7/4/2026).

“To create fair legal certainty as mandated by the 1945 Constitution,” Yusril continued.

Yusril explained that in the Delpedro Marhaen et al. 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.

Based on the transitional provisions of the KUHAP, all trial processes and their continuations still use the old KUHAP.

However, there is also a legal principle that if there is a change in law, the rule applied should be the one most favourable to the defendant.

“Can prosecutors appeal an acquittal verdict after the new KUHAP takes effect, while the new KUHAP states that in an acquittal decision, it is final and prosecutors may not appeal?” Yusril said.

“Or can prosecutors still file a cassation because the case began under the old KUHAP? This becomes an academic debate,” he added.

On the other hand, Yusril assessed that if prosecutors proceed with the cassation, the decision on whether it is admissible or not will be determined by the Supreme Court (MA).

Meanwhile, Yusril continued, the MA could declare the prosecutors’ cassation N.O. or Niet Ontvankelijke Verklaard, meaning “not receivable,” so the merits of the case are not examined.

However, the MA could also decide to examine the cassation petition. That decision is within the authority of the cassation panel of judges handling the case.