PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN KARTU TANDA PENDUDUK (Studi Perkara No:173/pid.B/2016/PN Sda)

Abstract

ABSTRACT

 

Resident Identity Card is the official identity of the resident as proof of self issued by the implementing agency which is valid throughout Indonesia and may not be falsified, falsification of Resident Identity Card including falsification of the letter regulated in Article 263 paragraph (1) of the Criminal Code. The criminal act of counterfeiting the National Identity Card occurred in the case ruling Number: 173 / Pid.B / 2016 / PN Sda, the TB Defendant was proven legally committing the criminal act of counterfeiting the National Identity Card. Formulation of the problems. (1) How is the application of the crime against the perpetrators of the forgery of the Identity Card in the decision Number: 173 / Pid.B / 2016 / PN Sda? (2) What is the judge's consideration of the perpetrators of falsification of Identity Card in the decision Number: 173 / Pid.B / 2016 / PN Sda? This type of research uses normative legal research. Source of data used secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques using document studies and data analyzed qualitatively. Conclusions of the result(1) TB Defendant was given a single indictment with Article 263 paragraph (1) falsification of the letter and a criminal sentence of 1 (one) year imprisonment and burdened to pay a case of Rp.2,500 (two thousand and five hundred rupiahs) (2 thousand ) Judge's consideration, the decision that has been determined by the judge is considered first with juridical considerations (evidence, evidence and information of the defendant) and non-juridical considerations (things that incriminate and lighten up).

 

Keywords: Application, Criminal, Counterfeiting, Identity Card