Pemalsuan Pembuatan Akta Jual Beli dengan Dasar Utang Piutang (Studi Putusan No. 10/Pid.B/2019/PN.Lbj)

Abstract

When a loan agreement is transformed into a transfer of ownership, it may lead to legal issues. In a debt agreement, the lender is not legally permitted to unilaterally execute a deed of transfer over a collateral object provided by the borrower. This becomes especially problematic when the transfer of ownership is carried out before a public official such as a Land Deed Official (PPAT), who then issues a Sale and Purchase Deed for the transfer. The research questions addressed in this thesis include: how is the criminal offense of document forgery formulated under the Indonesian Penal Code (KUHP) in relation to debt agreements; what is the correlation between the creation of a land sale and purchase deed and the occurrence of document forgery; and how did the judge assess the evidence in proving the criminal offense of forgery in the Sale and Purchase Deed as seen in Decision No. 10/Pid.B/2019/PN.Lbj. This research is normative juridical in nature, using legal norms through library research to obtain secondary data, including primary, secondary, and tertiary legal materials related to the issues studied. The research is descriptive- analytical, with data collection carried out through literature review and data analysis conducted using a qualitative approach. The findings indicate that perpetrators involved in the forgery of a Sale and Purchase Deed may be subject to criminal sanctions, including imprisonment for up to 8 years. Whether the making of a land sale and purchase deed constitutes forgery can be assessed during court proceedings through the evidence presented by the parties. In Decision No. 10/Pid.B/2019/PN.Lbj, the criminal offense of forgery of the Sale and Purchase Deed was deemed time- barred (statute of limitations).