National Human Rights Commission on Delpedro Acquittal: Stop Using Criminal Law to Address Criticism

Indonesia’s National Human Rights Commission (Komnas HAM) has called on law enforcement, particularly the National Police, to exercise restraint and avoid using criminal law to address legitimate forms of criticism and civil expression from the public.

Komnas HAM made this statement in response to the acquittal of Delpedro Marhaen and associates by the panel of judges at Jakarta Central District Court.

“This acquittal serves as a positive precedent so that the state, particularly the Indonesian National Police, exercises restraint in not applying criminal law against forms of criticism, expression, and legitimate opinions of civil society,” said Komnas HAM Commissioner Pramono Ubaid Tantowi in a statement issued on Sunday, 8 March.

Pramono stressed that the state should not restrict the right to freedom of opinion and expression.

He noted that restricting freedom of opinion and expression through the use of criminal law can result in fear or deterrent effects that discourage civil society from voicing its criticisms. However, in a democratic system, such expression constitutes an important element in overseeing state administration.

“As well as exercising the right to participate in development, monitoring policy, and criticising government performance,” he added.

Pramono further hoped that this court decision would serve as a benchmark for handling demonstrations and public expression, whilst not discouraging civil society from exercising its right to freedom of opinion and expression.

Delpedro, Muzaffar Salim, Syahdan Husein, and Khariq Anhar were acquitted as prosecutors failed to prove they spread false information and incited unrest related to August demonstrations that resulted in disturbances.

The judges stated that Delpedro and others were also not proven to have persuaded or exploited children for military purposes or other armed interests under Article 76H read together with Article 15 and Article 87 of Law Number 35 of 2014 on Child Protection read together with Article 55 paragraph 1 clause 1 of the Criminal Code.

“We hereby acquit the defendants of all charges brought by the public prosecutor,” stated presiding judge Harika Nova Yeri when reading the verdict at Jakarta Central District Court on Friday, 6 March.

“We restore the rights of the defendants in their capacity, position, dignity and honour,” the judge added.