Yusril Leaves Fate of Cassation on Delpedro's Acquittal Verdict to the Supreme Court

Coordinating Minister for Law, Human Rights, Immigration, and Corrections, Yusril Ihza Mahendra, respects the Attorney General’s Office (AGO) move to file a cassation appeal against the acquittal verdict for Lokataru Foundation Director Delpedro Marhaen and his associates.

“From the outset, I have stated that court decisions must be respected as a manifestation of judicial independence. At the same time, every legal step, including cassation efforts, should be truly based on the normative provisions in the applicable criminal procedure law, to create fair legal certainty as mandated by the 1945 Constitution,” Yusril said in a written statement on Tuesday (7/4).

Yusril explained that in the case of Delpedro Marhaen and his associates, the investigation, prosecution, indictment, and trial processes all used the old KUHAP. Meanwhile, the verdict was issued after the new KUHAP officially took effect on 2 January 2026.

According to Yusril, based on the transitional provisions of the KUHAP, all trial processes and their continuations remain under the old KUHAP. However, he also reminded of the principle that the applicable law is the one most favourable to the defendant.

“Well, when the acquittal verdict was issued, the new KUHAP was already in effect. Can the prosecutor cassate an acquittal after the new KUHAP takes effect? While the new KUHAP states that in an acquittal decision, it is final, and the prosecutor cannot cassate. Or can the prosecutor still file a cassation because the case began under the old KUHAP? This becomes an academic debate,” Yusril said.

“Therefore, in my view, if the prosecutor still files the cassation, the decision on whether the cassation is admissible will be determined by the Supreme Court. Delpedro and his advocates can use arguments on changes in law in their counter-memorandum to the Supreme Court,” he added.

Meanwhile, Yusril continued, the Supreme Court could declare the Prosecutor’s cassation N.O. or Niet Ontvankelijke Verklaard, meaning ‘not admissible’, so the case material is not examined.

“So because the Prosecutor has filed the cassation, we just wait for the Supreme Court’s decision later. The government will respect whatever the Supreme Court’s decision is as the highest judicial authority in our country,” Yusril said.

Previously, Head of the AGO’s Legal Information Centre, Anang Supriatna, revealed the reasons for their decision to still file cassation against Delpedro’s verdict.

According to Anang, the incitement case was handed over to the court on 9 December 2025, so the procedural law used is the old KUHAP.

Based on the transitional provisions regulated in Article 361 letter c of the new KUHAP, criminal cases that have been handed over to the court and the examination process has begun, will continue to be examined, tried, and decided under the old KUHAP.

“Thus, for the case of Delpedro Marhaen Rismansyah et al., which was acquitted (vrijspraak) during the examination period, legal remedies will still refer to Law Number 8 of 1981 on Criminal Procedure (old KUHAP), so cassation legal remedy is pursued for that case,” Anang said when confirmed via written message on Tuesday (7/4).