Togar Situmorang Officially Submits Cassation Memorandum to Supreme Court
Advocate Togar Situmorang has taken his case to the Supreme Court after the Denpasar High Court increased his sentence. Through his legal team, Togar officially submitted a cassation memorandum highlighting several legal considerations and trial processes used in the appeal ruling.
Togar’s legal counsel, Rinto Maha, stated that the cassation memorandum contains a number of objections to the trial process and the application of law by the panel of judges at the appeal level. “In this cassation memorandum, we outline several points that we believe should be of concern to the Supreme Court, particularly regarding the trial process and the application of law by the Denpasar High Court,” Rinto said on Friday (19/6/2026).
According to Rinto, his team highlighted alleged irregularities in the trial process, administrative aspects of detention extensions, and the legal considerations used by the panel of judges. He also assessed that the case ensnaring his client constitutes a civil law relationship between an advocate and a client. This argument is one of the materials included in the cassation memorandum.
Furthermore, the legal team believes the application of provisions in Law Number 1 of 2023, which positions criminal law as a last resort (ultimum remedium), should be considered in the examination of the case at the cassation level. Rinto expressed hope that the Supreme Court will carefully examine the case objectively by considering all the facts and legal arguments submitted.
The case involving Togar Situmorang originated from a report by a former client who claimed to have suffered losses in the provision of legal services. The case was then processed criminally on suspicion of fraud and proceeded to the Denpasar District Court. At the first instance trial, the panel of judges at the Denpasar District Court sentenced Dr Togar Situmorang to 2 years and 6 months in prison. The defendant subsequently appealed the ruling.
At the appeal level, the Denpasar High Court not only upheld the previous ruling but also increased the sentence to 3 years in prison. It was this ruling that prompted the legal team to file a cassation appeal to the Supreme Court.
The Bali High Prosecutor’s Office has confirmed that public prosecutors will also file a cassation appeal in this case. Head of the Legal Information Section at the Bali High Prosecutor’s Office, I Gede Wiraguna Wiradarma, stated that filing a cassation is a legal right of the parties in the judicial process. “The public prosecutor will also file a cassation because the defendant has already taken this legal remedy first,” he said.
According to Wiraguna, the prosecutor will present their legal arguments through a cassation memorandum submitted to the Supreme Court. “We respect the defendant’s right to file a cassation. On the other hand, the prosecutor will also exercise the same right and present the legal grounds in the cassation memorandum. We then submit the assessment to the Supreme Court in accordance with applicable regulations,” he stated. With legal steps taken by both parties, the case now proceeds to the Supreme Court level to be examined and decided through the cassation process.