1. Introduction

Legal certainty is one of the primary objectives of the criminal justice system. Through a court judgment, a person may be declared guilty and sentenced, or conversely declared not punishable. In practice, there are two types of judgments that are often regarded by the public as the same, namely an acquittal (vrijspraak) and a discharge from all legal charges (onslag van alle rechtsvervolging).

Although both result in the defendant not being sentenced, an acquittal and a discharge are based on different legal considerations. An acquittal is rendered because the indictment has not been legally and convincingly proven, whereas a discharge is rendered because the charged act has been proven, but under the law the act is not punishable.

This distinction has become even more important following the enactment of Law Number 20 of 2025 on the Criminal Procedure Code (“KUHAP”) and the issuance of Supreme Court Circular Letter Number 4 of 2026 (“SEMA Number 4/2026”). One of the key points of the circular letter is the affirmation that no legal remedy of appeal or cassation may be filed against an acquittal, thereby providing clearer legal certainty for justice seekers.

2. What Are an Acquittal and a Discharge?

An acquittal is regulated in Article 244 paragraph (2) of the KUHAP. In essence, this provision states that if, based on the results of the examination at trial, the charged criminal offense is not legally and convincingly proven, the defendant is acquitted. This means that the elements of the criminal offense in the indictment are not fulfilled or the evidence submitted is insufficient to declare the defendant guilty.

Meanwhile, a discharge, as regulated in Article 244 paragraph (3) of the KUHAP, is a judgment rendered when the act charged against the defendant has been proven to have been committed, but the act does not constitute a criminal offense. In other words, based on the examination at trial, the judge is convinced that the defendant did commit the act as charged, but the act cannot be subject to criminal liability under the applicable legal provisions.

Accordingly, the main difference between an acquittal and a discharge lies in whether or not the charged act has been proven and the nature of the act. In an acquittal, the charged criminal act is not legally and convincingly proven. Meanwhile, in a discharge, the charged act is proven to have been committed by the defendant, but the act legally does not constitute a criminal offense.

3. Background to the Issuance of SEMA Number 4 of 2026

Before the issuance of SEMA Number 4 of 2026, the practice of filing legal remedies against acquittals still gave rise to differences in application. Although an acquittal is essentially intended to end the legal proceedings against a defendant because the indictment has not been legally and convincingly proven, in practice Public Prosecutors still filed appeals and cassation petitions against such judgments.

This difference in practice created uncertainty as to when an acquittal must be executed and when a defendant who is still in detention must be released immediately. The filing of legal remedies also prolonged the defendant’s legal status, even though the court of first instance had declared that the defendant’s guilt was not proven.

Based on data compiled for the period before SEMA Number 4 of 2026 came into effect, there were 26 appeals and 19 cassation petitions filed by Public Prosecutors against acquittals. The data show that legal remedies against acquittals are not merely a theoretical issue, but have occurred in judicial practice.

It is this condition that gave rise to the need for firmer and more uniform guidelines. Through SEMA Number 4 of 2026, the Supreme Court affirms the limits of legal remedies against acquittals while also providing certainty regarding the implementation of the order to release the defendant. With these guidelines, there is no longer room for differing interpretations as to whether or not an appeal and cassation may be filed against an acquittal.

4. Regulation of Acquittals and Discharges Under SEMA Number 4 of 2026

• An Acquittal Cannot Be Appealed

SEMA Number 4 of 2026 affirms that an acquittal cannot be subject to the legal remedy of appeal. The provisions on the authority of the High Court in the KUHAP may not be interpreted as a basis for opening an appeal against an acquittal.

This affirmation is important because legal remedies must have a clear basis in law. If an acquittal is nevertheless examined at the appellate level without an explicit basis, the process may in fact prolong legal uncertainty for the defendant.

• An Acquittal Cannot Be Subject to Cassation

In addition to appeal, SEMA Number 4 of 2026 also states that an acquittal cannot be subject to cassation. Accordingly, an acquittal acquires finality from the moment it is pronounced and no longer depends on examination at a higher level.

Consequently, a defendant who is still in detention must be released immediately. The execution of the order of release should not be delayed merely because a petition for a legal remedy has been filed that, under the provisions, is in fact unavailable.

• Legal Remedies and Execution of a Discharge

Unlike an acquittal, a discharge is rendered when the charged act is proven, but there is a legal reason that prevents the defendant from being sentenced, either because the act does not constitute a criminal offense or because there are grounds for the exclusion of criminal liability. Therefore, SEMA Number 4 of 2026 provides separate guidelines on the execution of a discharge and the legal remedies that may be filed against it.

If a defendant is discharged from all legal charges, the operative part of the judgment must contain an order that the defendant be released from detention from the moment the judgment is pronounced. This provision affirms that the release of the defendant must be carried out immediately and does not await a final and binding judgment. However, if the public prosecutor files an appeal, the authority to determine whether the defendant remains in detention or not shifts from the District Court to the High Court.

5. Conclusion

An acquittal and a discharge both result in the defendant not being sentenced, but they have different legal bases. An acquittal is rendered because the indictment is not legally and convincingly proven, whereas a discharge is rendered because the defendant’s act is proven but is not punishable. Through SEMA Number 4 of 2026, the Supreme Court affirms that an acquittal cannot be appealed or subject to cassation, while a discharge remains subject to the applicable legal remedies. These guidelines provide legal certainty while ensuring that the defendant’s right to be released immediately can be exercised clearly and uniformly.