Yusril: Compensation for Delpedro's Material Loss Can Be Through Pre-trial

Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra. (ANTARA/HO-Kemenko Kumham Imipas RI)

JAKARTA - Coordinating Minister for Legal, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra said that the request for material compensation against the Executive Director of the Lokataru Foundation, Delpedro Marhaen, could be pursued through pre-trial.

He explained that the mechanism for material losses due to the arrest and detention experienced by Delpedro and his friends (et al), before they were finally released by the court, had been clearly regulated in the new Code of Criminal Procedure (KUHAP).

"Delpedro can apply for compensation through pre-trial legal efforts at the Central Jakarta District Court, namely the court that previously examined and decided the case," said Yusril as reported by ANTARA, Saturday, March 7.

Based on Articles 176 and 177 of the new Criminal Procedure Code, he said the same judge who examined the main case could examine the application for compensation in the pretrial hearing.

Therefore, Yusril emphasized that the government, the police, and the prosecutor's office could not directly provide compensation as requested by Delpedro.

"The provision of compensation must be pursued through the pre-trial mechanism as regulated in Articles 173, 174, and 175 of the new Criminal Procedure Code. Whatever the court's decision, the government will be bound and respect the decision," he said.

On the other hand, he also invited Delpedro to fight for his rights through the available legal channels. In fact, this step can become an important precedent in legal practice in Indonesia.

The reason is, he continued, if Delpedro files a pretrial application to demand compensation, it is likely that Delpedro et al. will be the first to use the mechanism that has been regulated in the new Criminal Procedure Code.

"Who knows, the court's decision will later become jurisprudence for handling similar cases in the future," said Yusril.

Meanwhile, the Coordinating Minister said that the rehabilitation rights for Delpedro et al. had been fulfilled through the decision of the panel of judges who had acquitted them of all legal claims.

Thus, he conveyed that the rehabilitation rights guaranteed by law had been fulfilled through the court's decision, so that the President no longer needed to issue a rehabilitation decision if Delpedro were to submit it.

Apart from Delpedro, there are three other defendants who were sentenced to acquittal, namely Lokataru staff Muzaffar Salim, Gejayan admin Calling Syahdan Husein, and Aliansi Mahasiswa Penggugat Khariq Anhar admin.

The four defendants were acquitted after being found not guilty of committing a crime in the alleged instigation case in the August 2025 demonstration which resulted in riots.

During the trial, the public prosecutor was judged to be unable to present evidence showing an attempt at manipulation, fabrication, or fact engineering by the defendants.

Thus, the panel of judges ordered the public prosecutor to restore the rights of the defendants in their ability, position, dignity and dignity.

After the trial, Delpedro asked the state to provide compensation and restore his good name after he was arrested and detained.

Previously, the four defendants were charged with a sentence of 2 years in prison because they were considered legally and convincingly guilty of committing a crime, namely participating in a public crime by word or writing to complain to people to commit a crime, or inciting people to fight against the general ruler with violence.

In this case, Delpedro and his friends were charged with uploading 80 collaborative content that was provocative with the aim of inciting hatred against the government from August 24-29, 2025.

It is stated that the defendants uploaded electronic information in social media managed by the four defendants, which invited students to participate in the riots.

The invitation through social media was produced from August 24-29, 2025, where from the narrative uploaded by the defendants, students who are on average minors are instigated and follow for anarchists in front of the DPR RI, in front of the Metro Jaya Police, and several other places.

One of the uploads that became a charge was a poster that read "Legal assistance for students who take to the streets" with the caption "You students who take part in the action? Don't be afraid if there is intimidation or immediate criminalization, contact us".