Regulation of Falsification Crimes

Oct 13, 2025 by pinkandtrash.com 45 views

Analysis of Differences in Judges' Considerations Relating to Expert Information in Proof of Criminal Acts (Study of PN Decision No.78/PID.B/2023/PN LBP and Decision of PT No.1231/PID/2023/PT MDN)

Introduction

In the judicial process of criminal acts, evidence plays a very important role in resolving criminal cases in court. Indonesia adheres to a negative proof system (negative wettelijk), which means that the judge in bringing down the decision must be guided by the applicable legal provisions, especially Article 183 of the Criminal Procedure Code (KUHAP). Judge's assessment of a person's mistakes is crucial in the world of justice in Indonesia. Through the judge's consideration, a person can be found guilty or not. One form of evidence recognized in criminal procedural law is an expert statement. Expert statements have been well arranged in the Criminal Procedure Code and become a part that influences the judge's consideration in deciding a case.

In this study, there are several formulation of the problem that will be discussed, namely: 1) How is the regulation of criminal offenses according to criminal law in Indonesia?; 2) What is the position of expert information in proving criminal cases according to criminal procedural law in Indonesia?; and 3) What are the differences in judges' considerations related to expert statements in proving the criminal offense in PN Decision No. 78/PID.B/2023/PN LBP and Decision of PT No. 1231/PID/2023/PT MDN?

Regulation of Falsification Crimes

The criminal offense of counterfeiting is regulated in the Indonesian Criminal Code (KUHP). Falsification can be in the form of falsification of documents, signatures, or identity. The law categorizes counterfeiting as an action that is detrimental to other parties and has the potential to interfere with public order. In this case, clarity and accuracy in gathering and presenting evidence becomes very important to ensure justice. The accuracy of evidence is crucial in determining the guilt or innocence of a defendant.

Expert Description Position in Proof

Expert statements play an important role in clarifying a technical problem that may be difficult for judges to understand. This information provides an explanation of certain aspects of the case at hand. According to the Criminal Procedure Code, expert statements can be used as evidence that has legal force. However, an assessment of this statement depends on the judge's trust in the credibility and qualifications of experts who give testimony. The credibility of expert witnesses is crucial in determining the weight of their testimony.

The difference between judges' considerations in different cases

Analysis of PN Decision No. 78/PID.B/2023/PN LBP and Decision of PT No. 1231/PID/2023/PT MDN shows a fundamental difference in the judge's consideration regarding expert statements. In the PN's decision, the judge decided to sentence the defendant by considering the expert statement delivered. This statement is considered relevant and enough to prove the defendant's mistakes. Meanwhile, in the PT's decision, the judge did not agree with the assessment conducted by the judge at the first level. They considered that the expert's statement was not strong enough to support the guilty decision for the defendant. As a result, the defendant was released from all demands.

This difference reflects the importance of qualifications and suitability of expert information in decision making. A judge must be able to consider all the evidence and testimony that exist carefully to ensure justice is upheld. The judge's decision not only has an impact on individual cases, but also in the image of the criminal justice system as a whole.

The Role of Expert Statements in Proving a Criminal Offense

Through this analysis, it can be seen that expert statements play an important role in proving a criminal offense. Expert statements can provide valuable information that can help to clarify complex technical issues. However, the difference in the judge's assessment of this statement shows how subjective the judicial process is. The judicial process is subjective and can be influenced by various factors, including the judge's personal opinions and biases.

Conclusion

Through this analysis, it can be seen that expert statements play an important role in proving a criminal offense. However, the difference in the judge's assessment of this statement shows how subjective the judicial process is. Strengthening regulations related to expert statements and further training for judges can be a strategic step to improve the quality of legal decisions in Indonesia. Fair decisions are very dependent on the ability of judges to analyze and assess all aspects of existing evidence.

Recommendations

Based on the analysis, the following recommendations can be made:

Strengthening regulations related to expert statements: The government should strengthen regulations related to expert statements to ensure that they are used in a fair and transparent manner.
Further training for judges: Judges should receive further training on how to assess expert statements and how to use them in making decisions.
Improving the quality of evidence: The quality of evidence should be improved to ensure that it is reliable and trustworthy.
Increasing transparency: The judicial process should be more transparent to ensure that all parties involved are aware of the evidence and the decision-making process.

By implementing these recommendations, the quality of legal decisions in Indonesia can be improved, and the image of the criminal justice system can be enhanced.
Frequently Asked Questions (FAQs) about the Analysis of Differences in Judges' Considerations Relating to Expert Information in Proof of Criminal Acts

Q: What is the significance of expert statements in proving a criminal offense?

A: Expert statements play an important role in clarifying a technical problem that may be difficult for judges to understand. This information provides an explanation of certain aspects of the case at hand. According to the Criminal Procedure Code, expert statements can be used as evidence that has legal force.

Q: What is the difference between judges' considerations in different cases?

A: Analysis of PN Decision No. 78/PID.B/2023/PN LBP and Decision of PT No. 1231/PID/2023/PT MDN shows a fundamental difference in the judge's consideration regarding expert statements. In the PN's decision, the judge decided to sentence the defendant by considering the expert statement delivered. This statement is considered relevant and enough to prove the defendant's mistakes. Meanwhile, in the PT's decision, the judge did not agree with the assessment conducted by the judge at the first level.

Q: What is the importance of qualifications and suitability of expert information in decision making?

A: A judge must be able to consider all the evidence and testimony that exist carefully to ensure justice is upheld. The judge's decision not only has an impact on individual cases, but also in the image of the criminal justice system as a whole.

Q: How can the quality of legal decisions in Indonesia be improved?

A: Strengthening regulations related to expert statements and further training for judges can be a strategic step to improve the quality of legal decisions in Indonesia. Fair decisions are very dependent on the ability of judges to analyze and assess all aspects of existing evidence.

Q: What are the recommendations for improving the quality of legal decisions in Indonesia?

A: Based on the analysis, the following recommendations can be made:

Strengthening regulations related to expert statements: The government should strengthen regulations related to expert statements to ensure that they are used in a fair and transparent manner.
Further training for judges: Judges should receive further training on how to assess expert statements and how to use them in making decisions.
Improving the quality of evidence: The quality of evidence should be improved to ensure that it is reliable and trustworthy.
Increasing transparency: The judicial process should be more transparent to ensure that all parties involved are aware of the evidence and the decision-making process.

Q: What is the role of expert statements in proving a criminal offense?

A: Expert statements can provide valuable information that can help to clarify complex technical issues. However, the difference in the judge's assessment of this statement shows how subjective the judicial process is.

Q: How can the image of the criminal justice system be enhanced?

A: By implementing the recommendations mentioned above, the image of the criminal justice system can be enhanced, and the quality of legal decisions in Indonesia can be improved.

Q: What is the significance of the analysis of differences in judges' considerations relating to expert information in proof of criminal acts?

A: The analysis of differences in judges' considerations relating to expert information in proof of criminal acts is significant because it highlights the importance of expert statements in proving a criminal offense and the need for strengthening regulations related to expert statements and further training for judges.