Falsification of Documents and Their Validity under the Law

Falsification of documents and their validity under the law are governed by several regulations and legal provisions in force in Indonesia. Here are some explanations, including:

  1. Document Forgery where document forgery is punishable by a maximum imprisonment of 8 (eight) years if carried out against authentic deeds, debt letters or debt certificates, share letters or debts, vouchers, dividend or interest receipts, or letters of credit or commercial letters (Article 264 paragraph (1) of the Criminal Code)
  2. Use of False Identity where if a false identity is used in the making of a deed, the notary is responsible for the truth and validity of the document. The notary must adhere to the principle of prudence and ensure that all evidence presented is true and in accordance with applicable legal rules.
  3. Signature Forgery where signature forgery is a criminal act that can be subject to the article on document forgery with a 6-year prison sentence if proven guilty.

Impact of Falsification of Documents

Falsification of documents can have serious impacts, both legally and socially. Here are some of the impacts that can arise as a result of falsification of documents, including:

  1. Losses for the injured party where falsification of documents can cause financial losses, reputation, or legal rights for the injured party. For example, in the case of land certificate forgery, the original land owner can lose ownership rights and experience significant financial losses.
  2. Disruption of legal processes where falsification of documents can disrupt legal processes related to forgery. If the original false document is lost, the legal process against forgery can be hampered because sufficient evidence is difficult to find.
  3. Threat of punishment where document forgery is included in formal offenses, not material offenses. This means that the act of forging a document or making a false document is prohibited and the sanctions imposed are criminal, regardless of whether the perpetrator succeeds in deceiving or not. Perpetrators of document forgery can be subject to criminal sanctions, such as imprisonment.
  4. Loss of trust where falsification of documents can undermine trust in the administrative system and legal processes. This can disrupt social stability and reduce public trust in institutions involved in the process of recording and law enforcement.
  5. Social and economic impacts where falsification of documents can have broad social and economic impacts. For example, in the case of marriage certificate forgery, there can be a context of marriage rights and family rights, which can have a negative impact on the social and economic lives of individuals and families involved.