Letter Forgery in Formal and Material Sense and Its Legal Consequence

DOI

10.2991/978-2-38476-096-1_39How to use a DOI?

Keywords

Letter Forgery; Formal and Material; Legal Consequence

Abstract

Letter forgery is a classic crime but still shows its existence in criminal law enforcement. Letter forgery still adorns crime statistics in Indonesia. As a criminal offense that still exists, there are still different interpretations in the meaning of the elements in the letter forgery crime. This creates uncertainty for law enforcers in applying the article of letter forgery crime against concrete legal events. Thus, a clear understanding of the letter forgery crimes regulated in the KUHP (Criminal Code) is required. This paper aims to provide an explanation of the form of letter forgery in a formal and material sense and its legal consequences, so that it can assist law enforcers in implementing the right letter forgery article against concrete legal events. Based on the research results, it is found that forgery of letters in a material sense includes the contents of the letter which are not following the actual events or circumstances, while in the formal sense, the contents of the letter are following the facts, but the formal requirements such as the letterhead are faked or signed by an unrightful person. The legal consequence of both material and formal letter forgery is the letter becomes invalid. Particularly for formal letter forgery against authentic deeds in a condition where the it is signed by an official who has neither the right nor the obligation to sign, it will result in the loss of its authenticity, so that it becomes an ordinary deed.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Muh. Ibnu Fajar Rahim
AU  - A. Rahim
PY  - 2023
DA  - 2023/08/28
TI  - Letter Forgery in Formal and Material Sense and Its Legal Consequence
BT  - Proceedings of the 4th Annual Civic Education Conference (ACEC 2022)
PB  - Atlantis Press
SP  - 343
EP  - 350
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-096-1_39
DO  - 10.2991/978-2-38476-096-1_39
ID  - Rahim2023
ER  -