Judge Accepts Dr Tifa's Exception, Declares Indictment Null and Void

The panel of judges has granted the objection, or exception, filed by defendant Tifauzia Tyassuma, also known as Dr Tifa. The judge declared the indictment against Tifa null and void. “Adjudged, the objection from the defendant’s legal team is accepted,” said presiding judge Christina Endarwati during the trial at the East Jakarta District Court in Cakung, East Jakarta, on Thursday (23/7/2026). The judge returned the case file for Dr Tifa to the public prosecutor and ordered court costs to be borne by the state. “Declares the public prosecutor’s indictment, registered under number PDM-133/M.1.14/EOH.2/06/2026 dated 22 June 2026, in the name of defendant Tifauzia Tyassuma, null and void. Orders the return of this case file to the public prosecutor. Charges court costs to the state,” the judge stated.

In its considerations, the court stated that the prosecutor should have carefully, clearly, and completely described the acts committed by Tifa and determined which specific criminal provisions were violated. The judge opined that the prosecutor must choose which article to indict Dr Tifa under, rather than simultaneously using provisions from the old Criminal Code and Law Number 1 of 2023 concerning the National Criminal Code. The judge found that the first and second alternative subsidiary indictments against Dr Tifa regulated the exact same offence but under two different legal regimes, creating legal uncertainty. “Considering that the public prosecutor, in the first alternative subsidiary indictment and the second alternative subsidiary indictment, has determined two articles that regulate the exact same offence, only under two different legal regimes, to which principles such as lex mitior and lex posterior derogat apply,” the judge said. “Considering that such an alternative will create legal uncertainty, as it appears the public prosecutor cannot determine which article to indict for the same act and which will therefore be tried,” the judge continued.

The judge argued that the prosecutor should have been able to assess the applicability of the articles, given that the case was transferred to the court well after the National Criminal Code came into effect. The judge assessed that the prosecutor was hesitant in determining the articles to indict Dr Tifa under, thus choosing articles from both the old and new Criminal Codes for the same offence. “Considering that the date of the indictment and the time of the transfer to the court occurred well after the National Criminal Code came into effect, the public prosecutor should have been able to assess the applicability of the articles by considering the provisions of Article 3 and Article 618 of the National Criminal Code, and therefore should not have been hesitant in determining the articles to indict,” the judge stated. “This hesitation in determining the articles to be indicted creates legal uncertainty and shows that the public prosecutor was not careful in drafting the indictment,” the judge added.

Previously, Dr Tifa was indicted for criminal defamation and slander against the 7th President of the Republic of Indonesia, Joko Widodo, over allegations of a fake diploma. The case began on 26 March 2025, when a witness and aide to Jokowi, Syarif Muhammad Fitriansyah, informed and showed the former president three social media posts attacking his honour or reputation. The prosecutor also stated that Dr Tifa had alleged several irregularities in Jokowi’s diploma, including the cover text, graduation photo, UGM alumni book, and Jokowi’s reference to the late Professor Achmad Soemitro as his academic supervisor.