Analisis Perbedaan Pertimbangan Hakim Dalam Pembuktian Tindak Pidana Menggunakan Ijazah Palsu ( Studi Putusan PN No. 12/Pid.B/2023/PN Mgn Dan Putusan MA No. 1427/K.Pid/2023)

Abstract

Forgery is a crime that involves an element of untruth or falsification of something (object), which from the outside looks as if it is true even though it is actually contrary to reality. Data from the Supreme Court Report published in February 2024 shows that the percentage of cases of mail forgery in 2023, there were nearly 2000 cases of forgery. From this data, it is necessary to carry out law enforcement, one of which is by proving criminal acts. Proof is a very important thing and is the core of a criminal trial, because what is sought is material truth. Indonesia is a country that adheres to a negative statutory proof system (negatief wettelijk). Thus, in handing down his decision, the judge must be guided by the provisions in accordance with the Criminal Procedure Law, especially Article 183 of the Criminal Procedure Code (KUHAP). Evidence by judges in assessing a person's guilt is very necessary in the world of Indonesian justice, through proof by judges, a person will be declared guilty or not, however, the proof and considerations of judges in deciding a criminal case are not always correct, causing people to take other legal remedies in search of justice. One example of a criminal case in which the judge's decision is inversely proportional is the case of the crime of using a fake diploma in District Court Decision No. 12/Pid.B/2023/PN Mgn and Supreme Court Decision No. 1427/K.Pid/2023. This thesis contains several problem formulations, namely. How is the regulation related to the crime of using a fake diploma according to criminal law in Indonesia?, How is the relationship between the preparation of the article charged with proving the elements of the crime?, How is the difference in the judge's consideration in proving the crime of using a fake package c certificate in District Court Decision No. 12/Pid.B/2023/PN Mgn and Supreme Court Decision No. 1427/K.Pid/2023?. The research method used in this research is normative juridical research method that uses secondary data obtained from primary, secondary, and tertiary legal materials in library research and the data analysis used is qualitative analysis. At the end of this research, it shows that there are differences in the consideration of judges in handing down decisions in District Court No.12/Pid.B/2023/PN Mgn and Supreme Court Decision No. 1427/K.Pid/2023 related to proving the crime of using fake diplomas. The difference in evidence resulted in an acquittal at the Melonguane District Court level and a criminal verdict at the Supreme Court level.