Volume 4 Issue 1, March 2023: pp.33-46.
Faculty of Law, Universitas Lampung, Bandar Lampung, Indonesia.
http://jurnal.fh.unila.ac.id/index.php/ip P-ISSN: 2723-2638 E-ISSN: 2745-9314
Criminal Liability Offender Forgery of Sporadic Land Certificates at Bandar Lampung National Land Agency
Zainudin Hasan 1, S. Endang 2, Komang Widi Yane3
1Universitas Bandar Lampung, Indonesia, [email protected]
2Universitas Bandar Lampung, Indonesia, [email protected]
3Universitas Bandar Lampung, Indonesia, [email protected]
Article’s Information Abstract
Keywords:
Criminal Liability, Forgery, Certificates
DOI :
https://doi.org/10.25041/ip.v4i1.2911
Forgery of letters is crime that often occurs in people's lives. One of cases of crime forging letters is in court decision No: 139/Pid.B/2022/PN. Tjk. The problem in examination is whether the judge's legal considerations in imposing a crime on the defendant for crime of forging letters and how the criminal liability of the perpetrators of the crime of forging the letter. This is because it is necessary to know to what extent the imposition crime of forgery letters is at its level, whether it is subject to imprisonment and fines in accordance with mens area doctrine, as well as in looking at the crime committed and the circumstances justification or ballast. The approach used in this research is legal-normative approach and empirical law emphasizes the study of rule law, and the data used is secondary data and primary data. K Data collection was carried out through library research and field studies. In accordance with the results of the research and discussion, it appears that the basis for juridical considerations in the conviction perpetrators crime of forgery letters became the basis for revocation of name land deed, namely that actions defendant fulfilled elements first alternative indictment by prosecutor's office, in the end defendant was not proven and was found guilty of committing act of forgery of letters. If using letters can cause losses. As well as criminal liability for the perpetrators of the crime forging letters in accordance with Article 263 (2) Criminal Code and has fulfilled the theory of criminal liability.
Suggestions for future are how to create criminal law that is accordance with the aspirations and values nation accordance with values justice for victims and Submitted: February 2, 2023; Reviewed: February 28, 2023; Accepted: March 15, 2023
to achieve peace without prioritizing concept retaliation which may not necessarily have deterrent effect.
A. Introduction
Law plays an important role in people's lives, developing rapidly along with the flow of globalization and advances in information technology. These developments had an impact on the lives of the residents and apart from having a positive impact, they also had a negative impact on the people. The negative influence is marked by the existence of criminal acts on the lives of citizens.1 Criminal acts are prohibited by law and accompanied by threats (sanctions) in the form of punishment. Offenses that can be punished are actions prohibited by a legal norm and can be punished as long as the punishment is reminded if the prohibition is shown in an act, a situation or incident arises due to someone's negligence, and threats or criminal sanctions.
It is shown to the person causing the incident earlier.2
Fundamentally, document forgery is a crime that happens frequently in society. The topic of fake letters is rarely discussed when looking at writing and research findings through a straightforward lens. Forgery of letters is a crime that many authors or researchers may believe to be unproblematic in terms of both article development and law enforcement. In some cases, it is confused with a crime that is defined as a form of fraud, such as when fraud is committed in the business world through a contract, for instance. If you consider the historical context, it is impossible to separate the criminal law that is in effect in the Netherlands—which is also influenced by the provisions of the Roman Penal Code—from the criminal law that pertains to the crime of forging letters. When it comes to forging documents like securities and letters, Roman law treats it as a de eigenlijke falsum, or an actual crime of forgery. It wasn't until after that that it was added to other illegal forgeries, which the doctrine refers to as quasi-falsum or pseudo-forgeries.3
One of the negative consequences of technological advances on society is a lifestyle change, from a lifestyle of simplicity to a consumptive lifestyle. With so much desire to own luxury goods, it makes people want to take different paths to own them, it's very natural. On the other hand, people have different economic skills. To have luxury goods, sufficient funds are needed. This triggers the occurrence of crimes or violations in the context of fulfilling or pursuing consumption patterns. Making a letter that does not exist and whose contents are wholly or partially false is known as creating a fake letter. This action produces a fake letter, which is referred to as a fake letter. Forging, on the other hand, is any action taken to alter an existing letter by deleting, replacing, or otherwise altering one of the contents so that it differs from the original letter.4
A forged letter is what this one is. In order to safeguard public legal interests regarding the belief in the veracity of the contents of four different types of letter objects—letters granting rights, letters issuing engagements, letters granting debt relief, and letters made to establish a specific fact or condition—the crime of forging letters was created. Making fake letters (valschelijk opmaaken) and forging letters are prohibited actions for these two categories of correspondence (vervalsen).5
1 Andi Hamzah, Hukum Pidana Indonesia (Jakarta: Sinar Grafika, 2017), hlm 23.
2 Andi Muhammad Sofyan dan M H SH, Hukum Acara Pidana (Jakarta: Prenada Media, 2020), hlm 76.
3 Mahrus Ali, Dasar-Dasar Hukum Pidana (Jakarta: Sinar Grafika, 2022), hlm 12.
4 Aruan Sakidjo dan Bambang Poernomo, “Hukum Pidana, Dasar Aturan Hukum Pidana Kodifikasi” (Jakarta:
Ghalia, 1990), hlm 54.
5 S H Moeljatno, Asas-Asas Hukum Pidana (Jakarta: Rineka Cipta, 2002), hlm 30.
Plurality in citizens increases diversity of interests by increasing the possibility of conflicts of interest as well as crimes and violations of citizens' rights. The reason is the right to equal enjoyment of life through scientific and technological advances. So, not a few people commit acts that violate norms or laws. Criminal acts of fake letters or data mean the provisions of Article 263 to use 265 of the Criminal Code. R. Soesilo said in his book (p. 195) that what is meant by using letters in BAB are all letters, whether handwritten, printed or typed, and so on.
Article 28 H of the 1945 Constitution's rules states that everyone has the right to own property, which cannot be taken away by anyone at will. The state is required to protect all of its citizens' rights, including the right to own land. Article 2 of Law No. 5 of 1960 declares that the state has control over the earth, the water, and everything on it. Therefore, the state has the power to control and manage how state resources are distributed, how people interact with the environment, and how people and their actions relate to one another.6
Then a certificate is the end result of land registration. The certificate serves as a tool for the owner to obtain certainty regarding the location, boundaries, and area of the land so that it can be protected from outside interference and avoid becoming the subject of legal disputes. 7 Because the constitution guarantees it, everyone is required to uphold it. Because of this, he should and must follow the rules when using land that does not belong to him and cannot be controlled at will. In regards to land certificates, even though it has been acknowledged in the UUPA, it turns out that the owner's certainty has not been completely ensured because there are still avenues for other parties to sue, either in general court or in the State Administrative Court against the Head of BPN.8
The fact that the certificate has a civil side and a side that is a form of decision that is a determination (beschiking) by the Head of the Land Office creates the possibility for such a lawsuit. A number of people who are related parties, such as village heads, lurah, sub-district heads, and people who apply for rights, commit crimes or criminal violations in land law.9 Examples include destroying land boundary markers and moving them to another location and giving false information about the existence of land. Those who commit the crime of falsification or applicants for registration of land rights certificates using false documents, particularly when the National Land Agency (BPN) issues land certificates, are those who are accountable or who can be held accountable for falsifying land registration documents.10
As examined in the research, this can be reviewed in the decision of the Tanjung Karang District Court, No: 139/pid.B/2022/PN TJK. describes that the defendant has legally proven and believes that he committed the crime of "using purposefully using a falsified letter as if it were an original letter even though the used letter can cause harm", as referred to in Article 263(2) and criminal law can be executed on the first indictment. The Penal Code's definition of the crime of letter forgery, which is equated with other crimes that are not counterfeiting and are known as les crimes et delits contre la paix publique or crimes against public order, is
6 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.
7 Wayan Santosa, “Interprestasi Kerugian Dalam Tindak Pidana Pemalsuan Surat,” Jurnal Komisi Yuridis Republik Indonesia 3, no. 5 (2016).
8 Annisa Aulia and I Made Udiana, “Perlindungan Hukum Bagi Pemegang Sah Hak Atas Tanah Dengan Adanya Sertifikat Ganda Hak Atas Tanah,” Kertha Semaya: Journal Ilmu Hukum 5, no. 2 (2016).
9 Daffa Ladro Kusworo et al., “Establishment of a National Regulatory Body to Overcome Disharmonization of Natural Resources and Environmental Policies,” International Journal of Multicultural and Multireligious Understanding 9, no. 11 (2022).
10 Erick M Zougira, “Tindak Pidana Pemalsuan Akta Autentik Berdasarkan KUHP,” Lex Crimen 6, no. 7 (2017).
actually affected by this. However, this provision is written in Book II of the Criminal Code on crimes and Chapter XII on Forgery of Documents in the current Indonesian Criminal Code.11
Prior to committing the crime of counterfeiting, defendant S initially borrowed Rp.
1256/Su.H on behalf of Prima Kusuma Wardhani using a land area of 16,338 m2. However, S.
did not pay off his debt. As a result, in 2015, the defendant filed a civil lawsuit at the Tanjung Karang District Court on October 2 2015 and was registered using the registration number:
152/Pdt.G/2015/PN.Tjk the contents of the defendant's civil lawsuit for default at the Tanjung Karang District Court sued witness S and several other witnesses for guilt of Rp. 360,000,000 and includes additional ownership rights in the form of a land area of 16,338 m2 located in the village of Sukadanaham, subdistrict Tanjung Karang Barat Bandar Lampung using deed number 1256/su.h. Then in the lawsuit process earlier, the defendant did not continue or stop the defendant's lawsuit by the defendant's attorney.12
Criminal liability is a mistake. In the sense that mistakes can take the form of intentional (opzet) or negligent (culpa). Talking about mistakes means talking about accountability. Thus criminal liability is the fundamental basis of criminal law so mistakes according to Idema are the heart of criminal law. This shows that the basis for accountability for one's actions is placed in the basic concept of thinking that the actions of the elements of a crime are proven, then the guilt is also proven and automatically punished.
It needs to be analyzed critically based on juridical considerations in sentencing the perpetrators of the crime of forging letters to become the basis for revocation of the name of the land deed, where initially the defendant's actions fulfilled the elements of the first alternative indictment by the prosecutor's office, but in the trial it was not proven and he was found guilty of committing the act of forging letters. So it is necessary to look at the basis of rights and what elements are not fulfilled from the judge's consideration for the perpetrators of the crime of forging letters in accordance with Article 263 paragraph (2) of the Criminal Code
In 2018, the defendant changed the name of the certificate at the Bandar Lampung City Land Agency office without the approval and knowledge of the certificate holder. The basis for changing the name of the deed by the defendant as the name of the defendant means the preliminary decision number: 152/Pdt.G/2015/PN.Tjk. Then Victim S strengthened the interlocutory decision at the Tanjung Karang District Court and the Tanjung Karang District Court, stating that they had never issued an interlocutory decision on the case but only decided on the case: number: 152/Pdt.G/2015/PN. YK The victim then reported to the police because he was suspected of forging a temporary determination letter to receive title proof of ownership No. 1256/Su. H. According to this background, the author is interested in using research entitled: The Crime of Forging Letters Deliberately Using Fake or Forged Letters As If They Are Genuine Can Cause Losses (Decision Study No: 139/Pid.B/2022/PN TJK).
The novelty of this research is to find out why the indictment does not comply with the material criminal law for the crime of forgery of letters and what are the considerations of the panel of judges in deciding against the perpetrators of the crime of forgery of letters, priority to forgery of sporadic land certificates at the National Land Agency (BPN) Lampung. This research refers to previous research entitled Legal Study of Decisions Apart from All Lawsuits in the Crime of Forgery of Letters (Study of Decisions of the Padang District Court Number 341/Pid.B/2017/PN Pdg) by Roland Aldini Hutahaean.
11 Edel Joshua Siagian, “Kajian Hukum Tindak Pidana Pemalsuan Sertifikat Hak Milik Tanah,” LEX CRIMEN 10, no. 6 (2021).
12 Kitab Undang-Undang Hukum Pidana.
B. Discussion
1. Criminal Liability Against Perpetrators of Criminal Acts of Forgery of Letters
Forging letters or documents is one of the crimes that happens quite frequently in the community. The act of forging letters or documents is referred to as a crime because it is against the interests of the law. Different parties are concerned about the act's causes and effects.
Confidence can be attained in identifying the scope and classification of the crime by conducting research. There are numerous forgery crimes committed today that involve forging letters or documents, and these crimes come in a variety of shapes and sizes, indicating a higher level of intellectual sophistication. Criminal liability is criminal liability containing the principle of fault according to monodualistic considerations if the principle of error according to the principle of justice must be balanced using the principle of legality according to the value of certainty. Criminal liability is a procedure for choosing a defendant or a suspect to be held accountable for a criminal act committed. In order to be punished for the perpetrator, the crime committed by him must meet the conditions set out in the law. Actions to be criminally responsible must contain mistakes. There are 2 kinds of mistakes, intentional (opzet) and negligent (culpa). Fulfillment of criminal acts, then also fulfilled criminal liability, it's just that people who have committed criminal acts are not necessarily punished.13
The theory of criminal liability is inseparable from the criminal application. Ministis and dualistic are the two perspectives in play here. The elements of criminal liability, including actions and makers, are evaluated from a Ministic perspective. Subjective elements are also known as actions, objective elements, and making-related elements. The Monistic view holds that criminal liability is the same as the requirements for criminal imposition because the Ministic view comes to the conclusion that if an offense is committed, the offender can be punished. While dualistic dissociates the maker of an action from its constituent parts.14 According to this perspective, the element of making applies to criminal liability while the element of action relates to the offense. The dualistic school, which divides criminal liability into objective elements (delicts/crimes) and subjective elements, is therefore what is most pertinent to this study (accountability). In order to make it simple for judges to make decisions in cases, the Criminal Procedure Code. To be found guilty, a person must adhere to the sentencing guidelines; if they are not followed, they are not criminally responsible.
Responsibility of the perpetrators of criminal acts in criminal law requires prerequisites to be able to impose punishment on the perpetrators of the criminal acts mentioned above. Thus, criminal liability can be pursued in addition to the commission of a crime if the crime is committed due to an error. Criminal liability is affected by liability at fault. Ruslan Saleh said that it could not be said that it was intentional or negligent if that person could not be held responsible and for not being able to think of reasons to apologize, if that person could not be responsible nor was there any intention or negligence. The crime of counterfeiting is one that involves a system of falsehood or untruth in an item that appears true from the outside, but is actually false. Everyone who participated in or assisted in falsifying letters or documents must be prosecuted criminally for their specific roles. Determining whether a suspect or defendant is held accountable for a crime that has occurred is known as determining criminal liability. To
13 Pahmi Syaripudin, “Analisis Terhadap Tindak Pidana Pemalsuan Dokumen Dan Persyaratan Administrasi Perkawinan Dikaji Menurut Pasal 263 Dan Pasal 264 Kitab Undang-Undang Hukum Pidana,” Journal Justiciabelen (JJ) 1, no. 1 (2021).
14 Daffa Ladro Kusworo and Rini Fathonah, “Analisis Implementasi Diversi Dalam Penyelesaian Perkara Anak Pelaku Tindak Pidana Pencurian (Studi Kasus Pengadilan Negeri Liwa),” Inovasi Pembangunan: Jurnal Kelitbangan 10, no. 2 (2022).
put it another way, criminal liability is a factor in deciding whether a defendant is found guilty or innocent.15
Accountability is a central concept known as the teaching of error. In Latin, the teaching of error is known as men's rea. The doctrine of mens rea is based on an act that does not result in a person being guilty unless the person's thoughts are evil. Furthermore, in English criminal responsibility is referred to as responsibility or criminal liability. The concept of criminal responsibility is not only related to legal matters but also to general moral values or decency held by society or groups within society. Holding someone accountable in criminal law does not only mean that it is legal to impose a sentence on that person, but also that one can fully believe that it is indeed their duty to hold them accountable for the crimes they have committed.
The crime's perpetrator always weighs the risk of the crime being discovered against the value of the item they choose as the target of their crime. Forgeries of official documents are among the high-value items that are frequently used as tools of crime. It is undeniable that the widespread crime of document fraud that is currently occurring in society is extremely worrying because it increases the risk that regular people will fall victim to this crime. This crime started because the perpetrators wanted to make money. All of these document fraud crimes have significant repercussions for both the victims and other communities, who may suffer both material and immaterial losses. If the physical and legal information contained in a certificate agrees with the information in the relevant measurement letter and land title book, the certificate is considered a reliable source of proof of ownership. If a certificate has been issued on a parcel of land in the name of a person or legal entity that legitimately controls the land after purchasing it in good faith, other parties who believe they have rights over the land are no longer allowed to demand the implementation of those rights. This applies if it has been five (five) years since the certificate was issued. Since the certificate's issuance, he has not brought a legal action against the certificate's holder or the head of the relevant land office to challenge the ownership of the land or the certificate's issuance.
Sudarto stated that a person's sentence was not enough if that person had already committed an unlawful act. Further punishment requires the condition that a person committing an unlawful act must be guilty or guilty (the principle of no crime being committed without any fault or nulla poena sine culpa applies). Criminal acts usually consist of 3 elements, namely the ability to be responsible (theorekeningsvatbaarheid) of the perpetrator, a certain inner attitude in relation to using the action in the form of intentional or negligent action, no reason to eliminate the perpetrator's guilt or criminal liability. Sudarto said, so that an individual has aspects of criminal liability in terms of punishment by the maker.16
The intent must be to use or give instructions to others to use the letter as if it were genuine and not forged. This is one of the requirements for the crime of forging a letter. User must then be able to suffer losses. The word "may" denotes that there is no requirement that the loss actually occurs; rather, it only needs to be possible that a loss will occur. According to this article, not only document falsifiers but also those who purposefully use forged documents are subject to punishment. Deliberately implies that the user must be fully aware that the letter they are presenting is a forgery. He is not punished if he is unaware of it.
The Criminal Code's provisions for crimes, including forgery, are found in Chapter XII Book II, and the provisions for forging letters are found in Articles 263 to 276 of the Criminal Code. Usually, those who violate this article do so by fabricating letters, making false claims,
15 Nanang Sugianto, “Problematik Yuridis Tindak Pidana Pemalsuan Surat (Telaah Kasus Atas Laporan Polisi Nomor: LP/263/X/2015/Polres Kediri Kota),” Mizan: Jurnal Ilmu Hukum 8, no. 2 (2019).
16 Christellia G N Lamatenggo, “Kajian Yuridis Pemalsuan Surat Sederhana (Pasal 263 KUHP) Dalam Kaitannya Dengan Pemalsuan Akta Otentik (Pasal 264 Ayat (1) Ke 1 KUHP),” Lex Crimen 10, no. 1 (2021).
or commanding others to enter false information. A prohibited act is referred to as a criminal act or a criminal act if it is one that is accompanied by threats (sanctions) of punishment for anyone who violates the prohibition.17 A criminal act, in Moeljatno's definition, is one that is against the law and subject to criminal prosecution of the offender. The community must also perceive this action as impeding the social order that society values. Forgery is a type of act that violates truth and reliability to benefit oneself. Aria Veronica as a judge at the Tanjung Karang District Court revealed that accountability is a form of determining whether a person will be acquitted or sentenced for committing a crime, whereas earlier it was said that a person has aspects of criminal liability, in this case there are several elements that must be met so that a person can be held accountable.18
In criminal matters, use the decision number: 139/pid.B/2022/PN TJK. The judge sentenced him according to Article 263(2) of the Criminal Code stating that; "Anyone who deliberately uses a fake letter as if it is genuine is threatened with the same punishment, if using the letter in a criminal case using the settlement number: 139/pid.B/2022/PN TJK can result in losses.
The judge sentenced him according to Article 263(2) of the Criminal Code; "Anyone who intentionally uses a fake letter forged to become genuine is threatened with the same punishment, if using the letter can cause losses. In criminal cases too, the judge grants clemency to the accused because the aggravating and mitigating circumstances must be taken into account before the Senate imposes a criminal sentence. Matters being considered by the judge in deciding against the defendant are aggravating as well as mitigating matters.
According to the description, the author's criminal liability for the perpetrator of the criminal act of forging the letter is correct because it fulfills the theory of criminal liability, namely that the criminal act was caused by the maker, an intentional mistake or negligence, the producer is responsible, there is no reason. The actions committed by the defendant are regulated in Article 263(2) of the Criminal Code which reads: "Anyone who intentionally uses a letter forged to be genuine, if the use of a letter can cause loss is threatened with using the same crime." Article 263(2) of the Criminal Code, the penalty is a maximum imprisonment of 6 years.19
2. Judge's Considerations When Sentenced to a Defendant for the Crime of Forgery of Letters in the Case of Decision No: 139/Pid.B/2022/PN Tjk
In making decisions, most judges in Indonesia use legal and non-legal types of reasoning.
Judgmental considerations are judicial in nature, namely the judge's considerations according to factors disclosed at trial and by law, have been identified as matters to be included in the decision, including the prosecutor's indictment, testimony, information on the accused, evidence and articles. On Related law. Judges' non-juridical considerations are considerations based on other factors that are not influenced by the Perpu of a sociological nature, as well as other information revealed since the trial was not stipulated by the applicable law.20
The crime of forging letters underwent such complex developments in its evolution from various forms of criminal forgery because, if we look at the object being falsified, namely in the form of a letter, then of course this has a very broad dimension. under Indonesian law. The Criminal Code contains regulations regarding the crime of counterfeiting (KUHP). In fact, the
17 Kitab Undang-Undang Hukum Acara Pidana.
18 Hasanal Mulkan, “Sanksi Hukum Terhadap Advokat Yang Melakukan Tindak Pidana Pemalsuan Dokumen Klien Di Pengadilan,” Jurnal Kepastian Hukum Dan Keadilan 1, no. 1 (2020).
19 Arief Wisnu Wardhana, “Analisis Pertanggungjawaban Pidana Terhadap Pemalsuan Surat Dalam Dokumen Kontrak,” Doctrinal 4, no. 1 (2019).
20 Eko Adi Susanto and Gunarto Gunarto, “Pertanggungjawaban PidanaYang Memakai Surat Palsu DitinjauDari
act of counterfeiting itself will make someone or something feel resentful. This is what qualifies counterfeiting as a criminal offense and makes it regulated.These crimes are connected, but they are also distinct, occur at different times and places, and can be committed by various people. Making counterfeits and forging are the two acts listed in the formula. The first action is typically referred to as the act of making a fake letter when it is associated with the object of a letter. Making a letter where there was previously none and filling it with information whose contents, in whole or in part, contradict the truth or are false is defined as making a fake letter.
Fake letters, or letters that are not authentic, are letters that are created through the act of making fake letters.21
The Monistic view holds that criminal liability is the same as the requirements for criminal imposition because the Ministic view comes to the conclusion that if an offense is committed, the offender can be punished. While dualistic dissociates the maker of an action from its constituent parts. According to this perspective, the element of making applies to criminal liability while the element of action relates to the offense. The dualistic school, which divides criminal liability into objective elements (delicts/crimes) and subjective elements, is therefore what is most pertinent to this study (accountability). In order to make it simple for judges to make decisions in cases, the Criminal Procedure Code. To be found guilty, a person must adhere to the sentencing guidelines; if they are not followed, they are not criminally responsible.
Before making a decision, there must be evidence first. Proof in a criminal court is important, because the priority task of criminal law is to seek and find material truth. From the provisions, the conclusion is drawn that there must be at least 2 valid pieces of evidence according to applicable law and according to strong evidence, the judge is of the opinion that a crime has been committed and the defendant is guilty. Everyone can consider the effects of such losses. How using such a letter might (possibly) result in losses. For those who experience losses, it is not necessary to identify the person the loss can be for anyone or for the good of the public. Making a fake letter or forging a letter involves making an error, and that error must be intentional (opzetalsoogmerk), or intentional in a limited sense. Making a fake letter or forging a letter is done with the intention of using it for personal or commercial purposes.
Judges have a very important role in dealing with a legal issues. A judge has a very heavy burden because the decision he takes can determine the fate of a person. A judge also has the freedom to choose whether someone is guilty or not, as well as the seriousness or seriousness of an act committed by the perpetrator. When examining a case, the judge also has the freedom to choose a crime including the laws and regulations that apply to Indonesia. Judges are the mainstay and last area for those who want or seek justice in order to obtain a judicial process.
As part of the judiciary, judges must uphold and rectify justice for them because judges have the authority to handle cases and examine and resolve cases.22
Judicial balance is an important aspect in determining the achievement of a judicial decision, including justice (ex aequo et bono) and legal certainty, besides containing benefits for interested parties, as a result, judicial balance is needed. Approached with care and caution.
If the judge's examination is not thorough, good and thorough, the judge's decision according to the judge's examination will be canceled by the High Court or the Supreme Court.
Only four types of letters, not all letters, can be forged from the perspective of the crime's object. From the perspective of the letter's contents, the four types of letters are established, not on how the form letter or its contents are forged or false. The letter serves as evidence in relation
21 Yohan Armindo Yoseph, “Kajian Yuridis Pengaturan Daluwarsa Dalam Tindak Pidana Pemalsuan Surat,”
Jurnal Sosial Teknologi 1, no. 7 (2021).
22 Eva Achjani Zulfa, “Menghancurkan Kepalsuan (Studi Tentang Tindak Pidana Pemalsuan Dan Problema Penerapannya),” Jurnal Hukum & Pembangunan 48, no. 2 (2018).
to a matter and has the power to establish rights, establish agreements, discharge debts, and free parties from obligations. One of the elements in Article 263 paragraph (1) is that using the said letter might be harmful. If the letter is fake or real, there are no precise measurements to determine the likelihood of loss.23
The judiciary in the Indonesian constitutional system is an independent power exercised by the Supreme Court and its lower courts and the Constitutional Court to adjudicate, enforce the law, and administer fair trials. From Jimly Asshiddiqie, the term merdeka and the date from the influence of government power contain both functional and institutional meanings.
Aria Veronica, a judge at the Tanjung Karang District Court, revealed that the basis for the judge's consideration in imposing a criminal decision was the panel of judges belief that this belief came from evidence and information presented at trial. In accordance with Article 183 of the Criminal Procedure Code, a person is convicted of using at least 2 pieces of evidence, and if it is proven that the person was in accordance with the elements of the article indicted, then he will be punished. However, if the elements of the charges cannot be proven, he is acquitted of the elements of the charges. The judge's decision is "crown" and "peak" reflects the fair value; ultimate truth; human rights; lawyers or sound, competent evidence and facts and reflections of the ethics, mentality and morals of the judges are involved. Decisions of qualified judges are decisions based on legal considerations in accordance with facts and information revealed in court, in accordance with laws and judges' beliefs, without being determined by various external and internal interventions, as a result can be accounted for professionally (truth and justice).24
In the opinion of Bandar Lampung Police investigator Toni Suherman, handling the criminal case carried out by the defendant SHS, it was proven valid and convinced that he was committed to the crime of "deliberately using a fake letter as if it would be real if its use caused harm", as stipulated and threatened under Article 263(2) of the Criminal Code 25. The judge's decision must disclose the judge's considerations in deciding a case, because this judge's consideration will later become the reason for upholding justice in the earlier decision. This was also explained in Article 14(2) of Law No. 48 of 2009 At the advisory trial, each judge must provide consideration or written opinion regarding the case being considered as well as a decision.
In regarding with the above description, this also applies to the crime of forgery Article 263 of the Criminal Code. In investigating the case, the judge must pay attention to the elements contained in Article 263 of the Criminal Code, because the Criminal Code is a guideline for judges to investigate and try criminal cases. Judges handling ordinary criminal cases are judges, namely the examination of criminal cases in court is carried out openly. In his decision, the Tanjung Karang District Court judge sentenced him to:
a) Declare that Defendant SHS has been legally and persuasively found guilty of the crime of
"using fake documents" as stipulated in the first alternative indictment;
b) Sentenced the defendant to 1 year in prison.
c) Declare that the sentence of imprisonment and the period of confinement served by the defendant reduce all of them as long as the sentence is dropped;
d) Declare that the accused remains in custody;
e) Indication of evidence: 1 photocopy of the application letter for transfer of property rights No. 1256/su.h photocopy of temporary stipulation No. 152/PDT.G/2015/ PN.TJK, 1
23 Anta Rini Utami, Dahlan Ali, and Mohd Din, “Pertanggungjawaban Pidana Pejabat Notaris Terhadap Tindak Pidana Pemalsuan Akta Autentik,” Jurnal Ilmu Hukum 4, no. 2 (2016).
determination file No.152/PDT.G/2015/PN.TJK, 1 letter No.1256/su. H. On behalf of S.
Hasto Sukendro Muchliat 1 certificate of ownership No. 3013 on behalf of S. Hasto Sukendro Muchliat and 1 certificate of ownership No. 3014 on behalf of S. Hasto Sukendro Muchliat; returned to the accused;
f) Demanded that the defendant pay court fees of Rp. 2,000;
In the opinion of Bandar Lampung Police Investigators, Toni Suherman City, handled the criminal case committed by the defendant SHS proven to be valid and convinced that he committed the crime of "intentionally using fake letters as if it were real if using letters could cause harm", as regulated and threatened in Article 263(2) of the Criminal Code .The actions carried out by the defendant were also included in the indictment of the public prosecutor, stating that the defendant SHS had been proven, by res judicata and to the satisfaction of the court, that he was guilty of committing a criminal act "intentionally sending a fake letter as if it were genuine, if using the letter could result in loss" in the sense of Article 263(2) KUHP.25
Aria Veronica as a judge at the Tanjung Karang District Court stated that forgery is a form of criminal act with incorrect elements or object falsification, where something from the outside appears to be true, actually contradicts the truth. Forgery can be punished in terms of breach of security or trust:
1) The perpetrator has the intention or intent to use something that is not true by describing the state of things that are not true as if they are true, or something that is not real as if it is real, to make other people believe that the item is true and genuine because other people are deceived. The element of intent or purpose does not have to follow the element of benefit for oneself or others (as opposed to various types of fraudulent acts).
2) But there must be a general danger arising from the said act, especially in the case of forgery of letters or letters, etc., namely that "possible loss" must be associated with the type of writing or letter said.26
Moch Rifani Agustam as attorney for the Bandar Lampung District Prosecutor's Office said that the defendant's previous actions began with lending S which was then considered a victim of Rp. 360,000,000 in 2014 using the guarantee of Land Ownership Certificate 1256/Su.H on behalf of Prima Kusuma Wardhani using a land area of 16,338 m2. However, the debt was never repaid. Moch Rifani Agustam added, "Then on October 2 2015, the defendant filed a civil lawsuit at the Tanjung Karang District Court and was registered using the registration number:
152/Pdt.G/2015/PN.Tjk containing the defendant's civil lawsuit regarding default at the Tanjung District Court, Karang , sued Witness S and several other witnesses for being guilty of Rp. 360,000,000 and includes additional ownership rights in the form of a land area of 16,338 m2 located in the village of Sukadanaham, district Tanjung Karang Barat Bandar Lampung using deed number 1256/su.h. Then at trial, the defendant did not continue or stop the defendant's lawsuit through the defendant's attorney, and the defendant's attorney had withdrawn the lawsuit using the registration number: 152/Pdt.G/2015/PN.Tjk Tanjung Karang Village Court.
The panel of judges' decision was influenced by at least three elements, including legal certainty, justice, and expediency. The function of determining the construction or application of the correct (correct) law is unquestionably served by the decision of the panel of judges that describes legal certainty during the stages of adjudicating cases in court. A judge's decision, which is the result of law enforcement officials based on facts and evidence during examination
25 Nur Cahyanti, Budi Raharjo, dan Sri Endah Wahyuningsih, “Sanksi Terhadap Notaris Yang Melakukan Tindak Pidana Menurut Peraturan Perundang-Undangan Di Indonesia,” Jurnal Akta 5, no. 1 (2018).
26 Danang Sucahyo and Sularto Purwoto, “Disparitas Penjatuhan Pidana Terhadap Tindak Pidana Pemalsuan Surat,” Diponegoro Law Journal 2, no. 3 (2013).
at trial and is legally appropriate from the outcomes of the stages of settlement of cases at trial, is then infused with legal certainty. In order for judges to always be able to interpret the meaning of laws or other laws and regulations that are used as guidelines in decisions, the law should be applied in a manner that is tailored to the cases or cases that arise. In order for the judges to construct the case they are trying as a whole, objectively, and wisely, the rule of law must be applied in accordance with the position of the case that occurs.27
The Public Prosecutor used an alternative form of indictment, as a result the judiciary used legal information to immediately determine the first alternative charge in accordance with Article 263 (2) of the Criminal Code using elements of being intentional using falsified or falsified documents As if the content (correct) is in accordance with using the truth if the use of writing can cause harm. According to the description, the author analyzes that the defendant was proven to have used a falsified or falsified letter as if the contents were in accordance with the actual truth even though the use of the letter could result in a loss. As well as the basis of the judge's weight on the conviction of the defendant in the case of falsification of the letter is in accordance with the facts of the trial information, namely evidence or information statement during the trial.
Therefore, the maximum punishment for those who commit document forgery is six years in prison. Based on the judge's conviction and the evidence presented during the trial, he imposed the sentence. As stated in Article 5 of Law Number 48 of 2009 Concerning Judicial Power, Judges and Constitutional Judges are Obligated to Explore, Follow and Understand the Legal Values and Sense of Justice that Live in Society, the judge is active and the role of the judge as the party giving punishment does not ignore the law or norms and regulations of life in society. Regarding the crime of forging letters, the author hopes that the government will pay closer attention to every law that is enforced. In this case, Article 263 of the Criminal Code is concerned with forging letters, and it is thought that this law still leaves a gap to protect every right of the person who made the letter, which results in significant losses. The government is urged to pay close attention to the legal restrictions on the crime of letter forgery so that it can have a dissuasive effect on those who commit it and ensure that no party is harmed.
C. Conclusion
According to the research that has been described, the authors draw conclusions from the criminal act of fake letters deliberately using fake letters as if they were genuine, can cause harm (Study of Decision No: 139/Pid.B/2022/Pn Tjk.) the judge's considerations are based on the imposition of fines on the perpetrators of the crime of forging a letter as the basis for the erasing of the list of land names, namely if his actions fulfill the elements of the prosecutor's first alternative indictment, as a result the defendant is proven convinced that he committed the crime of forging a letter. The Panel of Judges for the Defendant delivered a decision in accordance with Article 263(2) and fulfilled the elements of the aforementioned. Criminal liability of the perpetrators of the crime of forging letters in accordance with Article 263(2) of the Criminal Code and fulfilling the origins of criminal liability: there is a criminal act that makes an element of error in the form of intentional or negligent, there is a manufacturer who can be held responsible for not making excuses. The actions committed by the defendant are regulated in Article 263(2) of the Criminal Code which reads anyone who deliberately uses a falsified letter to make it genuine, if the use of a letter can cause a loss, is threatened with the
27 I Gede Eka Suantara, I Nyoman Gede Sugiartha, and Ni Made Sukaryati Karma, “Kajian Yuridis Tindak Pidana Pemalsuan Surat Secara Bersama-Sama (Studi Kasus Putusan Pengadilan Negeri Jakarta Timur Nomor 305/Pid.
B/2021/PN Jkt. Timur),” Jurnal Preferensi Hukum 3, no. 1 (2022).
same crime. in Article 263 paragraph 2 (KUHP), the penalty is imprisonment for a maximum of 6 years.
There is a need to introduce people to important documents that have useful value, for example land ownership certificates, to overcome the problem of counterfeiting documents that keeps popping up so that citizens are more aware of and learn more about important documents.
People need to think more about or participate in all matters related to using letters so they can find out about problems that often arise, namely crime. Usually the problem that often arises is the forgery of letters to accept one's own interests or common interests, as a result it is necessary to be aware of the importance of law for the people to prevent unwanted things. Because criminal responsibility in the mens rea doctrine is based on an act that does not result in a person being guilty unless the person's thoughts are evil, so that in fact the perpetrator in this case has fulfilled this element
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