Criminal Liability for Deed Forgery Committed by a Public Official

Krisna Murti Prasetya Aji

Abstract


This study aims to examine how the crime of forgery of deeds by notaries is regulated in the Criminal Code and the Notary Law, while also examining the criminal sanctions imposed on notaries in cases of forgery of deeds. The method used is normative juridical by combining regulatory, conceptual, and case approaches. The study material is sourced from secondary data obtained through literature review, then explained in a qualitative normative manner. The results of the review of its appearance are that the crime of forgery of deeds in the New Criminal Code is arranged more systematically through Articles 391, 392, and 394, which in principle are a continuation of the substance of Articles 263, 264, and 266 of the old Criminal Code. Notaries who neglect their official obligations may be subject to administrative sanctions according to the Notary Law, but this does not preclude the provisions of criminal liability as long as there is evidence of intent, guidance, and active involvement in the forgery of the deed. This affirmation is evident in Supreme Court Decision Number 933 K/Pid/2023, which states that notaries are not immune from the law and can still be held criminally liable if the deeds they make contain false information and cause legal losses to other parties.


Keywords


Criminal; Forgery; Law; Liability; Notary.

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References


Journals:

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Books:

Adjie, Habib, 2015, Indonesian Notary Law: Thematic Interpretation of the Notary Law, Refika Aditama, Bandung;

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Anshori, Abdul Ghofur, 2009, Indonesian Notary Institution: Legal and Ethical Perspectives, UII Press, Yogyakarta;

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Regulation:

Republic of Indonesia, Law Number 1 of 2023 concerning the Criminal Code;

Republic of Indonesia, Civil Code, Article 1868;

Law No. 30 of 2004 on Notarial Office;

Law No. 2 of 2014 on the Amendment to Law No. 30 of 2004 on Notarial Office.




DOI: http://dx.doi.org/10.30659/rlj.5.2.%25p

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