Yusril: Delpedro's Rehabilitation Fulfilled, Compensation to Be Pursued Through Pre-Trial
Coordinating Minister for Legal, Political and Security Affairs Yusril Ihza Mahendra has said that the right to rehabilitation for Lokataru Foundation Executive Director Delpedro Marhaen and his associates has been fulfilled by the court. He noted that the rehabilitation rights are reflected in the panel of judges’ ruling which freed them from all legal charges.
In his explanation, the panel did not merely find the charges against Delpedro and his co‑defendants not proven beyond a reasonable doubt; it also explicitly included rehabilitation in the operative part of the decision.
‘Thus, the rehabilitation rights guaranteed by law have been fulfilled through the court ruling, so the President would not need to issue a rehabilitation decree even if Delpedro were to apply for one,’ he said in a written statement on Saturday (7 March).
On the other hand, Yusril said that compensation for material damages arising from arrest and detention could be pursued by Delpedro and colleagues under the latest mechanism laid out in the New KUHAP. According to him, Delpedro can file a damages claim through the pretrial remedy at the Central Jakarta District Court, the same court that previously examined and ruled on the case.
‘Under Articles 176 and 177 of the New KUHAP, the same judge who heard the main case can hear the damages claim in a pretrial hearing,’ he explained.
Therefore, Yusril stressed that the government or the police and the prosecutorial service cannot directly provide damages as Delpedro requests. He said there must first be a court ruling to provide a legal basis.
‘Any damages must be pursued through the pretrial mechanism as set out in Articles 173, 174, and 175 of the New KUHAP. Whatever the court’s decision, the government will be bound by and respect it,’ he added.
He invited Delpedro to pursue his rights through the available legal channels. Moreover, according to Yusril, the move could become an important precedent in Indonesia’s legal practice.
‘If Delpedro files a pretrial request to seek damages, he may become the first to use the mechanism established in the New KUHAP. Who knows, the court’s decision may become jurisprudence for handling similar cases in the future,’ he said.
Separately, Yusril said the Delpedro case should serve as a lesson to law enforcement authorities to work with great caution before making arrests, detentions, or prosecutions. He urged that if the initial evidence is not sufficiently strong, they should reconsider proceeding to court.
‘For if the accused is ultimately acquitted, the state has an obligation to rehabilitate and compensate for suffering arising from the legal proceedings,’ he asserted.
Delpedro, Lokataru Foundation staff Muzaffar Salim, administrator @gejayanmemanggil Syahdan Husein, and Universitas Riau student and administrator of the Aliansi Mahasiswa Menggugat Khariq Anhar were acquitted of charges of spreading false information and inciting related to demonstrations last August that ended in riots.
The judge found that Delpedro and others were also not proven to have invited or used children for the benefit of the military and/or other armed groups as charged under Article 76H in conjunction with Article 15 and Article 87 of Law No. 35 of 2014 on Child Protection in conjunction with Article 55(1)(1) of the Indonesian Penal Code.
‘Membebaskan para Terdakwa oleh karena itu dari seluruh dakwaan Penuntut Umum,’ said Chief Judge Harika Nova Yeri as she read the verdict at the Central Jakarta District Court on Friday (6 March).
‘Rooming the rights of the defendants in terms of their capacity, status, dignity and honour,’ the judge added.