JAKARTA, LITERASIHUKUM.COM — Coordinating Minister for Legal Affairs, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra stated that the polemic regarding whether prosecutors are allowed to file a cassation against the acquittal of Delpedro Marhaen et al. must ultimately be decided by the Supreme Court. This stance was conveyed after the prosecutor still pursued cassation despite the new Criminal Procedure Code (KUHAP) prohibiting cassation against acquittals.

Yusril explained that the Delpedro et al. case began to be processed when the old Criminal Procedure Code was still in effect, while the acquittal was handed down after the new Criminal Procedure Code came into effect. Therefore, a debate arose: whether the prosecutor is still allowed to file a cassation because the case was submitted when the old Criminal Procedure Code regime was still in effect, or whether they must adhere to the new Criminal Procedure Code, which has closed cassation against acquittals. According to Yusril, this is an academic debate where the authority ultimately lies with the Supreme Court.

Normatively, Article 299 paragraph (2) of Law Number 20 of 2025 concerning the Criminal Procedure Code indeed states that cassation cannot be filed against an acquittal. However, the Attorney General's Office still filed a cassation based on Article 361 letter c of the transitional provisions, which states that criminal cases that have been submitted to the court and have begun to be examined shall continue to be examined, tried, and decided based on Law Number 8 of 1981 or the old Criminal Procedure Code. It is at this point that a clash of interpretations arises.

Therefore, Yusril chose to leave the matter entirely to the Supreme Court. According to him, the Supreme Court may state that the petition for cassation is inadmissible, so the case does not enter the substantive examination. However, the Supreme Court can also choose to continue examining the petition further. He emphasized that the government will respect whatever the Supreme Court decides as the implementer of the highest judicial power.

The case in question itself originated from the decision of the Central Jakarta District Court, which acquitted Delpedro Marhaen, Muzaffar Salim, Syahdan Husein, and Khariq Anhar of all the prosecutor's charges in the alleged incitement case. After the acquittal, the prosecutor stated that they respected the decision but still disagreed and then filed a cassation. On the other hand, Delpedro assessed the prosecutor's move as a form of non-compliance with the new Criminal Procedure Code.

Thus, the main issue of this case is now no longer merely about whether the acquittal at the first level is right or wrong, but rather about which procedural law regime applies to legal remedies after the new Criminal Procedure Code is effective. The Supreme Court has the potential to become an important reference for other transitional cases that are at the crossroads between the old Criminal Procedure Code and the new Criminal Procedure Code.