Criminal Liability in Land Certificate Forgery at Bandar Lampung National Land Agency

Abstract

Forgery of documents is a prevalent crime that significantly impacts society. This research focuses on a specific case of document forgery outlined in court decision No: 139/Pid.B/2022/PN. Tjk, examining the legal rationale behind the sentencing of a defendant accused of forging letters, and exploring the criminal liability of the perpetrators. This research investigates the extent and nature of penalties for forgery, including imprisonment and fines, under the doctrine of mens rea, and examines the circumstances that may justify or mitigate such crimes. Employing a normative legal approach complemented by empirical research, this research analyzes both primary and secondary data through library research and field studies. The findings reveal that the judicial considerations in convicting the defendant were based on the fulfillment of the elements outlined in the prosecutor's first alternative indictment, leading to the revocation of a land deed. The defendant was ultimately found guilty of letter forgery, highlighting the application of Article 263(2) of the Criminal Code, which addresses the responsibilities and liabilities in forgery cases. Recommendations for future legislative enhancements suggest the adoption of criminal laws that reflect the aspirations and values of the nation, prioritizing restorative justice to reconcile the interests of both victims and perpetrators, thus fostering a more peaceful resolution without relying solely on punitive measures.