ANALISIS PENERAPAN HUKUM TERKAIT PELAKU TINDAK PIDANA PEMALSUAN DOKUMEN PCR (STUDI PUTUSAN NOMOR 1373/Pid.B/2021/PN.Tng)

Abstract

The rise of unlawful acts in crime has become a fact if the level of morality and public morals has begun to decline, one of which is a crime in the field of counterfeiting. This crime of forging letters was formed to obtain legal protection against the trust given by the public (publica fides) to letters. The occurrence of PCR falsification that occurred during the pandemic showed that the high cost of producing a Covid-19 free health certificate and the short validity period made some individuals see an opportunity to commit crimes that benefit themselves, one of which is making fake PCR letters. This research aims to find out and analyze the factors behind PCR document falsification, what are the ways to minimize crime, and the impact of PCR falsification on society. As well as the application of material law and the legal considerations of the panel of judges in passing a decision on the perpetrators of the crime of forging documents in Decision Number 1373/Pid.B/2021/PN.Tng in terms of article 263 Paragraph (2) of the Criminal Code. The research method used is normative juridical type, descriptive analysis in nature. So that the primary data and secondary data are analyzed qualitatively to obtain a conclusion that can be scientifically accounted for. The results of this study are that the factors behind the falsification of PCR documents are due to economic, and environmental factors, intention, and opportunity. The impact of document forgery has resulted in an increase in crime rates due to weak laws in Indonesia. Apart from that, it has an impact on increasing the number of fatalities, if people who turn out to be positive but use fake certificates then spread it to other vulnerable people. Efforts to minimize the crime of falsifying PCR documents can be carried out in a non-penalty manner. Based on juridical, non-juridical considerations, in terms of Article 263 Paragraph (2) of the Criminal Code the panel of judges handed down a sentence of imprisonment for 7 (seven) months, the convict was proven guilty of committing a crime, the sentence imposed on the defendant was not for reveng

Keywords: Crime, Counterfeiting, Fraud