PERTANGGUNGJAWABAN PIDANAN TERHADAP PELAKU TINDAK PIDANA PEMALSUAN IJAZAH BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2003 TENTANG SISTEM PENDIDIKAN NASIONAL (STUDI PERKARA No.1561K/Pid/2010)
Abstract: Diploma forgery
criminal offense stipulated in the Criminal Procedure Law (Criminal Code)
Article 263 and the Education Law Article 69 paragraph (1). This criminal act
is often done by the prospective members of parliament as is done by a member
of parliament Hope Harita South Nias district. Problems in this study were 1)
how the criminal responsibility of the perpetrators of the crime of forgery
diploma (Case Study No. 1561 K / Pid / 2010), 2) How is the consideration of
judges in sentencing for criminal forgery diploma (Case Study No. 1561 K / Pid
/ 2010). The research approach used in this research is normative juridical.
Sources of legal materials used in this study is a case No. 1561 K / Pid /
2010. Mechanical collection of legal materials in the form of study documents
and legal materials analysis technique conducted qualitatively. Decision of the
judges stated that Hope Harita guilty of using fake diplomas as stipulated in
article 69 paragraph 1 of Law Decree No. 20 of 2003 and rejected the appeal. This
case belongs to the Doctrine of Strict Liability where accountability without
having to prove any element of guilt or with other words.
Penulis: Riki Rikardo, Fitriati,
Deaf Wahyuni Ramadhani
Kode Jurnal: jphukumdd151398
