PERTANGGUNGJAWABAN PIDANAN TERHADAP PELAKU TINDAK PIDANA PEMALSUAN IJAZAH BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL (STUDI PERKARA No.1561K/Pid/2010)

Abstract

Diploma forgery criminal offense stipulated in the Criminal Procedure Law (Criminal Code) Article 263 and the Education Law Article 69 paragraph (1). This criminal act is often done by the prospective members of parliament as is done by a member of parliament Hope Harita South Nias district. Problems in this study were 1) how the criminal responsibility of the perpetrators of the crime of forgery diploma (Case Study No. 1561 K / Pid / 2010), 2) How is the consideration of judges in sentencing for criminal forgery diploma (Case Study No. 1561 K / Pid / 2010). The research approach used in this research is normative juridical. Sources of legal materials used in this study is a case No. 1561 K / Pid / 2010. Mechanical collection of legal materials in the form of study documents and legal materials analysis technique conducted qualitatively. Decision of the judges stated that Hope Harita guilty of using fake diplomas as stipulated in article 69 paragraph 1 of Law Decree No. 20 of 2003 and rejected the appeal. This case belongs to the Doctrine of Strict Liability where accountability without having to prove any element of guilt or with other words.
Keywords: Liability, Crime, Counterfeiting, Diploma