Notes from the Acquittal of Delpedro et al.: Authorities Must Not Arbitrarily Arrest and Criminalise

JAKARTA — The acquittal of four defendants in an alleged incitement case related to the August 2025 unrest has left important lessons for Indonesia’s law enforcement processes.

The four defendants were Delpedro Marhaen, Executive Director of the Lokataru Foundation; Muzaffar Salim, a Lokataru staff member; Syahdan Husein, administrator of Gejayan Memanggil; and Khariq Anhar, administrator of Aliansi Mahasiswa Penggugat.

Whilst the acquittal of Delpedro and his associates is regarded as a positive precedent for freedom of expression and opinion, the legal process conducted by authorities has come under scrutiny.

“If preliminary evidence is not sufficiently strong, law enforcement authorities should reconsider making arrests, let alone detention or prosecution in court,” Yusril told Kompas.com on Saturday (7 March 2026).

According to Yusril, law enforcement must be conducted with certainty and fairness to avoid causing harm to those who are ultimately acquitted by the court.

When someone is acquitted by the court, the state has an obligation to restore their reputation and open the possibility of providing compensation for the suffering caused during the legal process.

“In fact, in all cases, in the context of law enforcement, no action can be taken without a basis. One of the most important things is indeed evidence. The stronger, clearer the evidence, the better. If there is no evidence, (arrest) cannot occur,” said Anam when contacted by Kompas.com on Sunday (8 March 2026).

Anam explained that there is already supervision in every law enforcement action carried out by the police.

In criminal cases, the police conduct case review meetings to determine whether or not there are criminal elements in an incident. The criminal investigation file is then handed over to prosecutors for prosecution before judges.

Therefore, Anam emphasised that verification and evolving standards of proof must be a shared commitment.

“This means factually occurring incidents, and in other developments, digital logic and the principles of human rights must also be respected,” he said.