Yusril: Delpedro's material damages may be pursued through pre-trial proceedings

Delpedro can file a claim for material damages through the pre-trial legal route at the Central Jakarta District Court, the court that previously examined and ruled on the case, Yusril Ihza Mahendra told ANTARA in Jakarta on Saturday. He explained that the mechanism for damages arising from arrest and detention experienced by Delpedro and colleagues (dkk), before finally being acquitted by the court, has been clearly set out in the new Criminal Procedure Code (KUHAP). ‘Delpedro can file a claim for damages through the pre-trial legal route at the Central Jakarta District Court, the court that previously examined and ruled on the case,’ Yusril said to ANTARA in Jakarta on Saturday. Based on Articles 176 and 177 of the new KUHAP, he noted, the same judge who heard the substantive matter can hear the damages claim in a pre-trial hearing. Therefore, Yusril stressed that the government, the police, or the prosecutors cannot directly provide damages as Delpedro has requested. ‘Payment of damages must be pursued through the pre-trial mechanism as provided in Articles 173, 174, and 175 of the new KUHAP. Whatever the court’s decision may be, the government will be bound by and respect that decision,’ he said. On the other hand, he also invited Delpedro to pursue his rights through the available legal channels. In fact, that step could become an important precedent in Indonesia’s legal practice. After all, he continued, if Delpedro files a pre-trial application to claim damages, it is possible that Delpedro and dkk will become the first people to utilise the mechanism laid out in the new KUHAP. ‘Who knows, the court’s ruling might become jurisprudence for handling similar cases in the future,’ he said. Meanwhile, the minister noted that the rehabilitation rights for Delpedro and dkk have been fulfilled through a panel of judges’ ruling that acquitted them of all charges. Thus, the rehabilitation rights guaranteed by law have been fulfilled through the court’s ruling, so the President does not need to issue a rehabilitation decision if Delpedro applies for it. In addition to Delpedro, there are three other defendants who were acquitted, namely Lokataru staff Muzaffar Salim, Gejayan Memanggil admin Syahdan Husein, and Aliansi Mahasiswa Penggugat admin Khariq Anhar. The four defendants were all acquitted after being found not guilty of inciting offences in the August 2025 protests that turned riotous. In court, the prosecutor was deemed unable to present evidence showing manipulation, fabrication or fabrication of facts by the defendants. Accordingly, the panel ordered the prosecutor to restore the defendants’ rights, position, dignity and honour. After the trial, Delpedro asked the state to provide compensation and restore his good name after his arrest and detention. Earlier, the four defendants faced two years’ imprisonment on charges of partaking in a public incitement offence with words or writings to incite others to commit a crime, or incite others to resist the authorities with violence. In that case, Delpedro and his colleagues were charged with uploading 80 collaborative posts that incited hostility toward the government from 24-29 August 2025. It was stated that the defendants uploaded electronic information on social media managed by the four defendants, which invited students to participate in riots. The calls via social media were produced from 24-29 August 2025, in which the narratives posted by the defendants enticed school-age youths to participate in rioting at the DPR RI, in front of Polda Metro Jaya, and other locations. One of the posts that formed part of the indictment was a poster reading ‘Legal aid for students who go onto the streets’ with the caption ‘Are you a student taking part in the action? Do not fear intimidation or criminalisation; contact us immediately’.