LEGAL MEMORANDUM
TINDAKAN HUKUM YANG DAPAT DILAKUKAN OLEH KORBAN TERHADAP TINDAK PIDANA PEMALSUAN DOKUMEN DALAM SENGKETA TANAH BERDASARKAN PERSPEKTIF HUKUM INDONESIA
As an important component for human survival, land is a valuable natural
resource. Land has evolved from a basic need to a commodity that is owned, managed
and used by most people in their daily lives. Apart from its monetary value, land also
has cultural and political significance. Therefore, land disputes will always arise in
every society. Disputes over who owns a plot of land sometimes result in encroachment
lawsuits. This penetration was possible through document falsification. The forms of
criminal acts that often occur are related to Article 263 of the Criminal Code (making
fake letters or falsifying letters) and Article 264 (falsifying authentic deeds). The issues
in this Legal Memorandum are whether Husni Thamrin's actions can be qualified as a
criminal act of falsifying documents, what legal remedies can be taken by victims of
falsifying documents and what are the procedures for reporting them to the police.
In answering the identification of legal facts, the author uses the analytical
tools of grammatical interpretation, systematic interpretation, subsumptive
interpretation, and this extensive interpretation is an interpretation of the contents of
the law. Look at the wording of the provisions by considering these rules as a whole.
The judge only needs to apply the words in the provisions if it turns out that they do not
have a double and clear meaning.
The results of this Legal Memorandum concluded that the actions carried out
by Husni Thamrin as (the perpetrator) met the qualifications of Article 263 of the
Criminal Code because based on the elements of Article 263 of the Criminal Code,
Making or Forging Letters, Husni Thamrin was involved in the use of fake documents
such as Death Certificates and Heir Certificates and The legal action taken by
Rusmana was ordinary legal action, namely reporting the criminal act of falsifying
documents to the Bandung Police. This effort is the first step in the legal process to
overcome the problem of document falsification related to changes in land certificates.
Extraordinary legal measures may be relevant in the future. The Integrated Police
Service Center (SPKT) is to provide police services to the community, including
receiving and processing initial reports, providing police assistance and support, as
well as carrying out appropriate security measures and handling crime scenes (TKP).
with applicable legal regulations.
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