Yusril: Acquittal of Delpedro Marhaen and Co. Is Final; Prosecution Cannot Lodge an Appeal
Minister for Legal, Human Rights, Immigration and Security Yusril Ihza Mahendra has stressed that the rehabilitation rights for activist Delpedro Marhaen and colleagues are automatically fulfilled. He affirmed that the acquittal handed down to the Executive Director of Lokataru Foundation, Delpedro Marhaen, along with three co-defendants, is final and closes space for any further legal recourse. ‘So there can be no cassation because it ends here and no further legal remedies can be pursued,’ Yusril told Antara on Saturday, 7 March. He explained that under the new Article 299 of the Code of Criminal Procedure (KUHAP), prosecutors are not allowed to file any legal remedies against acquittals (vrijspraak) or discharges (ontslag), including appealing to the Supreme Court (MA).
He reflected that in the older KUHAP practice, ambiguity around the criteria of ‘pure freedom’ and ‘not completely free’ was often used as a loophole by prosecutors to file cassation appeals, causing considerable disruption in law enforcement. ‘Such practices create a great deal of disorder in the administration of justice,’ he said.
Besides Delpedro, three other defendants were acquitted: Lokataru staff Muzaffar Salim, Gejayan Memanggil admin Syahdan Husein, and Aliansi Mahasiswa Penggugat admin Khariq Anhar. The four were acquitted after being found not guilty of incitement in the August 2025 demonstrations that ended in clashes. In the trial, prosecutors were deemed unable to present evidence of manipulation, fabrication, or falsification of facts by the defendants.
As such, the panel of judges ordered prosecutors to restore the rights of the defendants in terms of capability, standing and dignity. The four were cleared of incitement charges related to the August 2025 protests that ended in turmoil. During proceedings, the court found the prosecutors failed to present evidence of manipulation, fabrication, or falsification of facts by the defendants.
Previously, prosecutors had sought a combined sentence of two years for the four activists. They were charged with uploading about 80 collaborative posts on social media between 24–29 August 2025, which prosecutors said incited hatred against the government. One of the disputed contents was a poster reading ‘Legal aid for students who take to the streets’ with the caption: ‘Are you a student taking part in the action? Do not fear intimidation or criminalisation; contact us immediately.’ Prosecutors argued the narrative involved underage students in anarchist actions in front of the Indonesian House of Representatives and the Metro Jaya Police. However, with this acquittal, all such charges were found not to be proven beyond a reasonable doubt.