PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEMALSUAN IJAZAH OLEH APARATUR SIPIL NEGARA (Studi Perkara Nomor 60/Pid.Sus/2022/PN Srl)

Abstract

Article 69 of Law Number 20 of 2003 concerning the National Education System regulated forgery of diplomas. Perpetrators of the crime of certificate forgery are subject to imprisonment for a maximum of five years and/or a maximum fine of Rp. 500,000,000 (five hundred million rupiah). In Decision Number 60/Pid.sus/2022/PN Srl, the defendant HS was legally proven to have committed a crime, deliberately no rights using a fake diploma to apply for CPNS. Formulation of the problem: (1) What is the criminal responsibility for the perpetrators of the crime of forging diplomas by ASNs in Case Decision Number 60/Pid.Sus/2022/PN Srl? (2) What are the considerations of the judges in passing a decision on the perpetrators of the crime of forging certificates by ASN in Case Decision Number 60/Pid.Sus/2022/PN Srl? This study uses a normative juridical approach. Research results: 1) The defendant has fulfilled the element of personal responsibility. 2) Judges consider juridical and non-juridical aspects in making decisions.