SEMA Number 4 of 2026: Clarification of the Provisions on Acquittals and Judgments of Release from All Legal Charges

Introduction

On 19 August 2026, the Supreme Court of the Republic of Indonesia (MA) was reportedly to have issued Supreme Court Circular Letter Number 4 of 2026 (SEMA 4/2026). Based on the information available concerning the SEMA, the circular is intended to serve as guidance for the heads of courts and judges within the criminal justice system concerning the execution of judgments and legal remedies against acquittals (vrijspraak) and judgments of release from all legal charges (ontslag van alle rechtsvervolging).

SEMA 4/2026 is also reported to revoke and declare no longer applicable SEMA Number 8 of 2011. Its issuance is said to be related to efforts to strengthen legal certainty and the application of due process of law, including in relation to the protection of human rights in criminal proceedings.

Key Provisions

• Prohibition of Legal Remedies against Acquittals

No legal remedy, whether an appeal or cassation, may be filed against an acquittal (vrijspraak). This provision is described as a reaffirmation of the status of an acquittal under criminal procedural law. In this context, where the charges brought by the public prosecutor have not been proven lawfully and convincingly at trial, the defendant shall regain his or her right to liberty without any further legal proceedings against the acquittal.

• Judgment of Release from All Legal Charges (Ontslag van Alle Rechtsvervolging)

With respect to a judgment of release from all legal charges (ontslag van alle rechtsvervolging), the SEMA establishes an absolute obligation that the defendant must be released from detention on the same day on which the judgment is pronounced in court. In principle, a judgment of release concerns circumstances in which the act charged has been proven materially, but the act does not constitute a criminal offense.

• Transfer of Authority over Detention Status at the Appellate Level

Where the Public Prosecutor or the Defendant files a legal remedy against a judgment of release, the authority to determine whether detention is necessary or not no longer rests with the court of first instance, but instead rests with the appellate court. Accordingly, the issue of detention status following the filing of a legal remedy against a judgment of release shall fall within the authority of the appellate level.

Closing

The issuance of SEMA Number 4 of 2026, based on the information currently available, demonstrates the Supreme Court's efforts to provide guidance concerning the implementation of acquittals and judgments of release from all legal charges in criminal proceedings. The provisions referred to in such information include the unavailability of legal remedies against acquittals, the release of defendants from detention on the same day in cases involving judgments of release, and the authority to determine detention status at the appellate level where a legal remedy is filed against a judgment of release.

Ultimately, these provisions are directed at providing legal certainty while strengthening the application of due process of law and the protection of defendants' rights in criminal proceedings. However, given that the official text of SEMA Number 4 of 2026 was not publicly available at the time this article was prepared, its substance and legal implications still need to be confirmed on the basis of the official document of the Supreme Court.

Accordingly, information concerning SEMA 4/2026 should, for the time being, be regarded as preliminary information regarding the Supreme Court's policy, rather than as a basis for drawing broader legal conclusions before the official text and its complete provisions can be accessed and reviewed.

 

Source: Dandapala — “SEMA 4/2026 Terbit, Putusan Bebas Tidak Dapat Diajukan Upaya Hukum Apapun”.