East Jakarta Court Declares Indictment Against Doctor Tifa Null and Void

The panel of judges at the East Jakarta District Court has granted the exception or objection filed by the legal team of Tifa Fauziah Tyassuma, known as Doctor Tifa, in the case regarding allegations of a fake diploma belonging to Indonesia’s 7th President Joko Widodo (Jokowi). In an interim ruling, the judge declared the indictment letter from the Public Prosecutor null and void, meaning the examination of the main case cannot continue. The ruling was read out by Chief Judge Christina Endarwati. “In the ruling, the objection from the defendant’s advocate team is accepted,” the judge stated. The panel also declared the Public Prosecutor’s indictment null and void and ordered the case files to be returned to the Public Prosecutor, with case costs charged to the state. In its considerations, the panel explained that the scope of an exception is limited to matters of jurisdiction, an inadmissible indictment, or an indictment that must be cancelled. The panel assessed that the indictment must meet material requirements by describing the alleged criminal act carefully, clearly, and completely, including the time and place. The judge found the Public Prosecutor was not careful in drafting the indictment because it included two articles regulating the same offence but from two different legal regimes as alternative charges. The judge stated that this alternative drafting created legal uncertainty, as it appeared the Public Prosecutor was uncertain about which article to apply for the same act. The panel emphasised that an indictment must be drafted carefully so the defendant can fully understand the charges and prepare a defence. If these requirements are not met, making the indictment vague, it can be declared null and void. Based on these considerations, the panel declared the legal team’s exception legally justified and granted it. Since the exception regarding nullity was accepted, the panel stated other exception matters did not need to be considered. Consequently, the case examination cannot proceed, and the case files along with all evidence are returned to the Public Prosecutor. Doctor Tifa was previously charged with multiple articles, including a primary charge under Article 434 paragraph (1) in conjunction with Article 441 paragraph (1) in conjunction with Article 126 paragraph (1) of the Criminal Code, and a subsidiary charge under Article 433 paragraph (1) in conjunction with Article 441 paragraph (1) in conjunction with Article 126 paragraph (1) of the Criminal Code.