Komnas HAM: Acquittal of Delpedro and Others Sets a Positive Precedent for Protecting Freedom of Expression

JAKARTA, KOMPAS.com — The National Commission on Human Rights (Komnas HAM) has stated that the acquittal of Delpedro Marhaen and three other activists in the case of alleged incitement during the August 2025 demonstrations represents a good precedent for protecting freedom of expression and opinion. ‘Komnas HAM hopes this acquittal will become a good precedent so that the state, particularly the Indonesian Police, refrains from using criminal law against forms of criticism, expression or opinions by civil society that are legitimate,’ said Pramono Ubaid Tantowi, Coordinator of Komnas HAM’s Sub-Commission on Human Rights Enforcement, in Jakarta, on Saturday, 7 March 2026.

Komnas HAM welcomed the decision of the Panel of Judges of the Central Jakarta District Court that acquitted Delpedro Marhaen, Muzzafar Salim, Syahdan Husein, and Khariq Anhar in case number 742/Pid.Sus/2025/PN.Jkt.Pst.

In the statement, Komnas HAM asserted that the expressions conveyed by the defendants in their social media posts constitute the exercise of their rights to express and to have opinions that should be protected.

With this ruling, Komnas HAM reminded that the state should not impose restrictions on the right to freedom of expression unless there are legitimate reasons.

“Restrictions are unnecessary/contrary in a democratic country and society, which conflicts with Article 28E(3) of the 1945 Constitution and Law No. 39 on Human Rights,” said Pramono.

Therefore, Komnas HAM hopes this court decision can serve as a benchmark in handling protests or the expression of opinion in the future.

Conversely, the decision is expected to spur civil society to continue exercising their right to freedom of expression as enshrined in the Constitution and in national and international human rights instruments.

Delpedro Marhaen, Lokataru Foundation executive director; Lokataru staff Muzaffar Salim; Gejayan Memanggil admin Syahdan Husein; and Aliansi Mahasiswa Penggugat admin Khariq Anhar were acquitted by the panel of judges of PN Jakarta Pusat on Friday, 6 March 2026.

Thus, the panel ordered the public prosecutors to restore the defendants’ rights in terms of capacity, standing, honour and dignity.

In its legal considerations, the panel found that the public prosecutors failed to present evidence showing manipulation, fabrication or resorting to misrepresentation by the defendants, particularly regarding the posters posted on social media in relation to the death of one of the ride-hailing drivers, Affan Kurniawan.

The panel held that the posts were a response of anger and humanitarian solidarity as human rights activists in the face of the incident that befell Affan Kurniawan, not an invitation to riot.

“Those posts are symbolic expressions as a form of freedom of expression in response to the incident that befell Affan Kurniawan,” Harika added.

In this case, the four activists were charged with uploading 80 collaborative posts that were inciting with the aim of arousing hatred towards the government from 24–29 August 2025.