South Jakarta District Court Rejects Exception Of Alleged False Oath Case, This Is The Defendant's Response

JAKARTA - The South Jakarta District Court (PN) held a follow-up hearing in the alleged false oath case with the defendant Ike Farida, Monday, October 21.

Today's trial is scheduled to read the interim decision by the Panel of Judges of the South Jakarta District Court. In the interim decision read out, the Panel of Judges rejected the objection or exception note from the defendant.

Thus, the next trial will proceed to the subject matter of the case or evidence by examining witnesses from the defendant and the Public Prosecutor (JPU).

Interviewed after the trial, the defendant Ike Farida admitted that she was disappointed with the decision between the Panel of Judges. He said the judge was not careful in reading his exception.

"I really regret that the judge in my opinion is not thorough and may get caught in the wind. Sorry. Because the legal advisory team is so good at conveying all the mistakes and violations that are in the Criminal Procedure Code," Ike told reporters.

Ike's attorney, Agustrias Andika, said that the Panel of Judges did not respond to all the exceptions submitted.

"It seems that the Panel of Judges did not respond to all the exceptions we submitted, especially regarding the formal requirements of Article 242. Article 242 is a special article in chapter 5, where for the application of Article 242 of the Criminal Code by investigators and prosecutors, it must be given a warning," said Agustrias.

"Where in the interlocutory decision, the judge did not dare to apply for it. And what we conveyed in the exception, we submitted, but there was no response in consideration," he added.

Separately, Bung Karno University Criminal Law Expert Adi Darmawansyah expressed his opinion on the application of Article 242 of the Criminal Code regarding false oaths and false statements.

"A person charged with false oaths must fulfill objective elements, namely there is information on oath. The information is required by law, and the information is not true or false and the lies are known by the description, carried out verbally or in writing, and fulfilled the subjective element of the error done intentionally by personal or by his power," said Adi.

Adi also explained that he was related to Article 55 of the Criminal Code, where people who allegedly ordered to give false oaths could be charged with criminal acts.

"Article 55 paragraph (1) 1 and 2 of the Criminal Code are those who commit acts, those who order to do it, those who participate in doing and who recommend it," he said.

The case began when Ike Farida sued PT Elite Prima Hutama regarding the purchase of apartment units.

However, the lawsuit was rejected starting from the South Jakarta District Court, appeals at the DKI Jakarta High Court (PT), to cassation.

Ike Farida's lawsuit was only granted when presenting new evidence or novum for Review (PK).

However, the novum is thought to have been used in previous trials, which led Ike to be reported on suspicion of giving a false oath. The case leaves Ike named a suspect and faces up to seven years in prison.