DELI SERDANG | INDATANEWS.COM - The Lubuk Pakam District Court on Monday, September 7, 2026, cleared Nenek Marlina of criminal charges in a case involving alleged fraud and embezzlement.
The panel of judges delivered the verdict during a hearing scheduled for the reading of the court's decision. In its consideration, the court found that the elements of the alleged offense under the first alternative charge had been established in their essential aspects.
However, the judges determined that the act committed by the defendant, Marlina, did not constitute a criminal offense. Based on that consideration, the court issued an ontslag van alle rechtsvervolging, a ruling releasing the defendant from criminal prosecution, and declared Nenek Marlina free from all charges brought by the prosecution.
The ruling represents a significant turning point in the legal proceedings involving
Nenek Marlina. The court did not conclude that the act alleged against her had not been proven. Rather, it determined that the act, although established, could not legally be classified as a criminal offense.
Understanding the Release from Criminal Prosecution
Under Indonesian criminal procedure, an ontslag van alle rechtsvervolging is issued when an act attributed to an accused person has been proven, but the act does not meet the legal requirements to constitute a criminal offense.
Such a ruling differs from an outright acquittal. In an acquittal, the court determines that the alleged act could not be proven against the defendant. In an ontslag van alle rechtsvervolging, on the other hand, the act may have been proven, but it is not legally regarded as a criminal offense.
Accordingly, following the ruling delivered by the panel of judges at the
Lubuk Pakam District Court,
Nenek Marlina has been released from criminal prosecution in the case.
The decision also brings the criminal proceedings against Nenek Marlina to an end. With the pronouncement of the verdict, her status as a defendant in the case ends in accordance with the court's decision.
Defense Counsel Welcomes Court Ruling
Nenek Marlina's legal counsel from Law Firm Pencerah, Ahmad Revaldi Azhari NST, welcomed the decision handed down by the Lubuk Pakam District Court judges.
"We are grateful and express our highest appreciation to the judges for this ruling. The court has carried out its duty to uphold justice and to reveal the facts as clearly as possible," Revaldi said after the hearing.
According to Revaldi, the case originated from a business relationship between Nenek Marlina and Ercik Wu. The dispute subsequently developed into a legal conflict that eventually resulted in criminal proceedings against Nenek Marlina.
Revaldi explained that before filing the criminal complaint, Ercik Wu had initially brought a civil lawsuit before the Medan District Court. The move was part of a series of legal disputes that later developed into the criminal case against
Nenek Marlina.
"The civil lawsuit was also rejected by the Medan District Court. The facts revealed during the proceedings further showed that the allegations of fraud and embezzlement against the defendant were unfounded," he said.
The defense counsel believes that the facts disclosed during the trial have further strengthened
Nenek Marlina's position in defending herself against the allegations of
fraud and
embezzlement. The defense therefore welcomed the court's decision to release her from criminal prosecution.
Case Concludes as Nenek Marlina Returns to Her Family
The ruling also brings to a close the lengthy legal proceedings against
Nenek Marlina over allegations of
fraud and
embezzlement.
The court examined both the elements of the offense presented by the prosecution and the legal classification of the defendant's conduct. Although the judges found that the essential elements of the first alternative charge had been established, they concluded that the conduct in question did not constitute a criminal offense.
For the family, the ruling provides legal certainty after
Nenek Marlina went through the proceedings up to the reading of the verdict. With the case concluded through an ontslag van alle rechtsvervolging,
Nenek Marlina can return to her family without continuing to hold defendant status in the same case.
The decision of the Lubuk Pakam District Court also underscores the importance of distinguishing clearly between disputes of a civil nature and conduct that can be classified as a criminal offense. In this case, the court concluded that the proven conduct did not provide grounds for a criminal conviction.
The defense counsel hopes the ruling will bring an end to the legal disputes faced by
Nenek Marlina and provide the parties involved with a sense of justice.
(IDNC)REPORTER: H. Muhammad Said Harahap | EDITOR: Fik Sagala