Legal Analysis Of Criminal Liability For Identity Falsement By A Fiduciary Agent
DOI:
https://doi.org/10.56087/64qgyq31Keywords:
Criminal liability, Identity Forgery, FiduciaryAbstract
This research aims to determine and analyze the qualifications of the criminal act of identity forgery in a fiduciary agreement and to determine the legal considerations of the judge in making a decision in the case of Decision No. 1097 / Pid.sus / 2019 / PN. Mks. This research was conducted with a normative legal research type that uses secondary legal materials or is a study by taking several books, journals or references related to the research. The results of this study indicate that (1) The qualifications of the criminal act of identity forgery in a fiduciary guarantee agreement are the requirements that must be met in order to be categorized as a crime. Forgery is the act of replacing a letter or document carried out by an individual or group of individuals. The act of forgery is a crime characterized by a framework of falsehood or fraud against an object. Fraud is an act carried out intentionally to deceive or manipulate others for personal or group interests. Thus in this case or case No. 1097 / Pid.Sus / 2019 / PN. Mks certainly meets the requirements as a criminal act. (2) Legal analysis of the judge's decision in case No. 1097/Pid.Sus/2019/PN. Mks Regarding Identity Forgery in Fiduciary Guarantees is that the defendant has fulfilled the elements of Article 263 paragraph (1) of the Criminal Code and the elements of Article 36 of Law No. 42 of 1999 Concerning Fiduciary Guarantees. The recommendation of this study is that as law enforcement officers in determining the qualifications of criminal acts, they must be more careful in finding the elements of their actions, whether the action is a criminal act (criminal law) or a civil act (civil law) so as not to make a mistake in prosecution, and as the owner of the fiduciary object guarantee or in this case companies engaged in the fiduciary sector to be more detailed and careful when agreeing to provide fiduciary objects so that it does not happen again as in the case explained above.
References
[1] M. F. Ramadhan, “Legal Review of Action Criminal Exploitation of Street Children at Crossroads in the Name of Beggars,” vol. 1, no. 2, pp. 1–7, 2025.
[2] Larasati Putri Dirgantari, “LEGAL REVIEW OF MARRIAGE ANNOUNCEMENT DUE TO IDENTITY FALSEMENT BASED ON LAW NUMBER 1 OF 1974 AND ITS LEGAL CONSEQUENCES (Study at the Malang Religious Court),” Din. J. Ilm. Ilmu Hukum, vol. 26, no. 6, pp. 778–787, 2020.
[3] Muhammad Fauzi Ramadhan, M. F. Said, and S. A. Syah, “The Nature of Law Enforcement of Illegal Fishing in Indonesia After the Establishment of the Employment Law,” Alauddin Law Dev. J., vol. 6, no. 2, pp. 252–266, 2024, doi: 10.24252/aldev.v6i2.48903.
[4] C. Liauwan, “Criminal Liability for Embezzlement and Forgery of Motor Vehicles Reviewed from Law No. 49 of 1999 Concerning Fiduciary Guarantees,” Lex C, vol. VII, no. 2, pp. 113–120, 2018.
[5] Muhammad Fauzi Ramadhan, Airlangga Putera, and Miftahul Jannah, “The Absurdity of the Law in the Enforcement of Criminal Acts on Fisheries (Illegal Fishing) in Indonesia,” Jurisprud. Jur. of Legal Sciences. Faculty of Sharia and Law, vol. 11, no. 2, pp. 169–180, 2024, doi: 10.24252/jurisprudentie.v11i2.52477.
[6] I. Kurnia, E. Mulyati, and N. A. Lubis, “Application of Due Diligence by a Notary as Attorney in the Application for Registration of Changes to an Online Fiduciary Guarantee Certificate,” Acta Diurnal J. Ilmu Law. Notary and PPAT, vol. 5, no. 2, pp. 235–250, 2022, doi: 10.23920/acta.v5i2.920.
[7] Y. P. Wardoyo and F. K. Afandi, “A Study of Investigator Actions in Handling a Syndicate for Receiving Guarantee Objects from Fiduciary Transactions at the Malang Police,” Leg. J. Ilm. Law., vol. 27, no. 1, p. 128, 2019, doi: 10.22219/jihl.v27i1.8964.
[8] N. Qamar et al., “Legal Research Methods,” no. December, p. 176, 2017.
[9] F. S. Rahayu, “Healing or Further Injuring: The Development of Public Road Transportation Technology,” J. Sist. Inf., vol. 8, no. 1, p. 22, 2013.
[10] A. J. I. Hukum, A. Azzahra, A. P. Buana, and I. Abbas, “Analysis of the Execution of Fiduciary Guarantee Objects Based on Fiduciary Guarantees,” vol. X, no. X, pp. 1–15, 2020.
[11] B. Junaedi, M. Tjoanda, and T. Berlianty, “Legal Protection for Debtors in the Withdrawal of Fiduciary Collateral Objects through Parate Exekusi,” PATTIMURA Leg. J., vol. 1, no. 2, pp. 124–132, 2022, doi: 10.47268/pela.v1i2.6433.
[12] O. K. Haris, A. Rizky, F. Nur, L. O. M. Sulihin, and K. A. Wijanarka, “Criminal Legal Protection for Forced Seizure of Debtors’ Vehicles Against Debt Collectors’ Actions in Forced Seizure of Fiduciary Objects,” Halu Oleo Leg. Res., vol. 6, no. 3, pp. 628–647, 2024.
[13] N. K. Astuti, “Legal Analysis of the Criminal Act of Transferring Fiduciary Collateral Objects Without the Consent of the Fiduciary Recipient,” J. Law. tô-râ, vol. 3, no. 1, pp. 493–502, 2017, [Online]. Available: https://news.detik.com/berita/d-3735184/polda-metro-terima-
[14] G. S. C. P. Husain, A. R. Hambali, and N. F. Mappaseleng, “Indonesia Journal of Criminal Law ( IJoCL ),” Indones. J. Crim. Law, vol. 2, no. 2, pp. 93–104, 2020.
[15] M. Yusuf, A. Manfaluthi, and T. D. H, “Criminal Liability of Perpetrators of Forgery of Documents in Fiduciary Agreements (Study Decision Number 520 / Pid. Sus / 2021 / PN Smn) Criminal Liability of Perpetrators of Forgery of Documents in Fiduciary Agreements (Study Decision Number 520 / Pi,” J. Fundam. Justice, vol. 5, no. 2, 2024.
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Irma Ramadani, Hambali Thalib, Dian Eka Pusvitas Azis
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
