Yusril Urges Prosecutors Not to Seek Grounds for Cassation Against Delpedro et al.'s Ruling

Coordinating Minister for Legal, Human Rights, Immigration and Public Security, Yusril Ihza Mahendra, has urged prosecutors not to search for reasons to file a cassation appeal in response to the acquittal of Lokataru Foundation director Delpedro Marhaen and his co-defendants. He explained that, under the new Kitab Undang-Undang Hukum Acara Pidana (KUHAP), prosecutors cannot appeal against such an acquittal. Consequently, the matter should be regarded as final and closed.

‘I urge prosecutors not to theorise about there being a “pure acquittal” or a “not-pure acquittal” in order to seek grounds for appeal, as was often the case under the old KUHAP,’ Yusril said in a written statement on Friday night (6 March).

The possibility of cassation at the cassation level is governed by Article 299 of Law No. 20 of 2025 on the new KUHAP. Article 299(1) states: ‘Against a criminal case decision rendered at the final level by a court other than the Supreme Court, the defendant or the public prosecutor may file a cassation to the Supreme Court.’ Its paragraph 2 notes that such cassation cannot be filed against: a) acquittal; b) a judge’s pardon; c) a decision concerning actions; d) a decision in a crime punishable by imprisonment of five years or less or a category V fine; and e) a decision that has been examined in a short trial.

Yusril said the government respects the Central Jakarta District Court’s acquittal of Delpedro Marhaen and three other defendants. According to him, the ruling demonstrates that the judicial process operates independently, without government interference.

‘The government respects the decision of the Central Jakarta District Court which acquitted Delpedro Marhaen and the other defendants. The court has demonstrated its independence, and the government has not intervened in the conduct of the trial,’ he stated. He added that the government has adhered to its commitment not to meddle in ongoing legal proceedings.

‘Holders of the law have presided over this matter independently, without pressure or influence from any party. With this ruling, Delpedro and the others should be released from detention and returned to society. The government is fair and respects judicial independence,’ he concluded.

Delpedro, Lokataru Foundation staff Muzaffar Salim, admin @gejayanmemanggil Syahdan Husein, and a Universitas Riau student who is also an admin of the Aliansi Mahasiswa Menggugat Khariq Anhar were acquitted of charges of disseminating false information and inciting related to demonstrations in August last year that ended in clashes.

The judge said that Delpedro and the others were also not proven to have invited or exploit children for the benefit of the military and/or other armed forces as charged under Article 76H in conjunction with Article 15 in conjunction with Article 87 of Law No. 2014 on Child Protection in conjunction with Article 55(1) paragraph 1 of the Penal Code.

‘Thus, the defendants are acquitted of all charges,’ said Chief Judge Harika Nova Yeri when reading the verdict at the Central Jakarta District Court on Friday (6/3).

‘Restoring the rights of the defendants in terms of their abilities, status, dignity, and honour,’ the judge added.