JAKARTA - The Executive Director of the Lokataru Foundation, Delpedro Marhaen and friends (et al) denied the filing of a cassation appeal by the public prosecutor from the Attorney General's Office (Kejagung) to the Supreme Court (MA) through the submission of a counter-memorandum of cassation at the Central Jakarta District Court.
Lokataru Foundation staff Muzaffar Salim said the submission of the counter-memorandum was made to see the Supreme Court's view in interpreting the case that dragged diabersama with three other defendants as well as the differences that exist regarding the application of procedural law due to the existence of the new Code of Criminal Procedure (KUHAP).
"We leave it to the Supreme Court. We believe that the Supreme Court can see this legal matter broadly, objectively, and clearly," said Muzaffar as quoted by ANTARA, Monday, April 13.
In the new KUHAP, he said, it is written against the free verdict, the prosecutor can no longer appeal.
However, in the case of alleged instigation of the August 2025 demonstration that led to riots, which dragged Delpedro et al. as defendants, Muzaffar said the prosecutor considered that the procedural law applied was a shift from the old KUHAP to the bar, so that cassation could be filed.
For this reason, in the counter-memorandum, he revealed that there were five requests from his party to the panel of judges as defendants in the case. First, accept the counter-memorandum of cassation of the cassation petitioners for all of them.
Second, reject the cassation application of the cassation applicant or public prosecutor for all of them. Third, declare the cassation memorandum of the cassation applicant or public prosecutor inadmissible.
Then fourth, strengthening the decision of the Central Jakarta District Court Number 742/Pidsus/2025/PN Jkt Pst dated March 6, 2026.
Fifth, impose legal costs on the state according to applicable law or if the panel of judges considers otherwise, please decide as fairly as possible or ex aequo et bono.
Apart from Delpedro and Muzaffar, there are two other defendants who were acquitted in the case, namely the admin Gejayan Memanggil Syahdan Husein and the admin of the Student Alliance of the Plaintiffs Khariq Anhar.
Meanwhile, the four defendants were sentenced to acquittal by the Jakpus PN Court of Justice after being found not guilty of committing a criminal act in the alleged instigation case in the August 2025 demonstration which resulted in riots.
During the trial, the JPU was judged to be unable to present evidence showing manipulation, fabrication, or fact engineering by the defendants.
Thus, the panel of judges ordered the public prosecutor to restore the rights of the defendants in their ability, position, dignity and dignity.
In this case, Delpedro et al. were charged with uploading 80 collaborative content that was provocative in order to create hatred against the government from August 24-29, 2025.
It is stated that the defendants uploaded electronic information in social media managed by the four defendants, which invited students to participate in the riots.
The invitation through social media was produced from August 24-29, 2025, where from the narrative uploaded by the defendants, students who are on average minors are instigated and follow for anarchists in front of the DPR RI, in front of the Metro Jaya Police, and several other places.
One of the uploads that became a charge was a poster that read "Legal assistance for students who take to the streets" with the caption "You students who take part in the action? Don't be afraid if there is intimidation or immediate criminalization, contact us".
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