Analisis Pertimbangan Hukum oleh Hakim terhadap Penjatuhan Pidana dalam Tindak Pidana Pemalsuan Ijazah (Studi Putusan PN No.383/Pid.B/2021/PN Tsm dan Putusan MA No.4594K/Pid.Sus/2022)

Abstract

The crime of diploma forgery is a disturbing phenomenon that threatens the integrity of the education system and legal order in Indonesia. This study aims to examine how the criminal offense of diploma forgery is regulated under Indonesian criminal law, how criminal liability is imposed on perpetrators of diploma forgery in Indonesia, and how judges consider legal factors when imposing criminal penalties in cases of diploma forgery, using the case study of District Court Decision No. 383/Pid. B/2021/PN Tsm and Supreme Court Decision No. 4594K/Pid.Sus/2022. The method used in this study is a normative legal research method with a statutory approach and a case approach. The regulation of criminal acts of diploma forgery is stipulated in Articles 263-264 of the Criminal Code (KUHP Lama), Articles 67-69 of Law No. 20 of 2003 on the National Education System, Article 272 of Law No. 1 of 2023 on the Criminal Code (New KUHP). Criminal liability of the perpetrator is based on the fulfillment of the elements of unlawfulness, capacity to be held liable, and the presence of intent (mens rea), without any justifying or excusing grounds as provided for in Article 44 of the KUHP. The legal considerations by the Judge in Supreme Court Decision No. 4594K/Pid.Sus/2022 are more comprehensive in assessing the trial facts compared to the legal considerations by the Panel of Judges in the Tasikmalaya District Court Decision, which was deemed less meticulous in considering the entire evidence and more focused on a specific aspect, namely expert testimony. This study concludes that differences in the assessment of evidence and the application of the law by judges at different levels of the judiciary can lead to disparity in decisions, and emphasizes the importance of the judge's carefulness and depth of analysis in deciding cases of diploma forgery.

Keywords: Diploma Forgery, Judicial Considerations, Court Decisions, Criminal Code, National Education System Law.