Delpedro Case and Others, Kompolnas Reminds Police Not to Detain People Without Grounds

JAKARTA, KOMPAS.com — Choirul Anam, a commissioner of the National Police Commission (Kompolnas), has reminded police not to arrest individuals without a basis and sufficient evidence. He said this in response to Coordinating Minister for Law, Justice, Immigration and Human Rights Yusril Ihza Mahendra’s admonition that officers should refrain from arrests without solid proof.

“Yes, in fact, in all cases, in the context of law enforcement there must be a basis for action. One of the most important is the evidence. The stronger the evidence, the better, the clearer and the better. If there is no evidence, you cannot arrest,” Anam told Kompas.com on Sunday, 8 March 2026.

In the criminal investigations context, the police hold a ‘gelar perkara’ case conference to determine whether there are elements of a crime in a given incident. Then, from the police, the criminal case file will be handed to the prosecutor for prosecution before a panel of judges. Therefore, Anam emphasised that the evolving logic and standard of proof must be a shared commitment.

“The logic of proof evolves like this: before the Constitutional Court ruling, the public outcry in social media was allowed. Now it is treated as a normal incident. Therefore, if there is a social media uproar today, it is not sufficient unless there is a manifest from the uproar.”

Earlier, the Coordinating Minister for Law, Ham, Immigration and Human Rights Yusril Ihza Mahendra urged law enforcement to be careful before arresting, detaining, or prosecuting a person. He referred to the case of alleged incitement involving Delpedro Marhaen Rismansyah, Director of Lokataru Foundation, and other activists, who were ultimately acquitted by the court.

“If the initial evidence is not strong enough, law enforcement should rethink before arresting, detaining, or prosecuting in court,” Yusril told Kompas.com, on Saturday, 7 March 2026.

He stressed that if a person is eventually acquitted by the court, the state has an obligation to restore the person’s name and consider compensation for the suffering caused during the legal process.

“Because if the defendant is ultimately acquitted, the state has to rehabilitate and compensate for the suffering caused by the legal process,” he said.

Further, Yusril also stated that the rehabilitation rights for Delpedro and his colleagues have been fulfilled by the panel of judges in the Central Jakarta District Court. The panel did not only find that the charges against Delpedro and his associates were not proved beyond a reasonable doubt, but also explicitly included rehabilitation in the verdict.

“The panel of judges has stated that it rehabilitated the good name, capacity, and dignity of Delpedro and his colleagues. Accordingly, the right to rehabilitation guaranteed by law has been fulfilled through the court’s decision,” Yusril said.