Criminal Code, Education Law more relevant in dealing with fake
Criminal Code, Education Law more relevant in dealing with fake
documents
M. Taufiqurrahman
The Jakarta Post
Jakarta
Legislative candidates who have submitted fake diplomas in their
application to register to contest the elections should have been
charged under the Criminal Code and Education Law instead of the
Election Law, a legal expert said.
Rudi Satrio of the University of Indonesia told The Jakarta
Post on Monday that although fraudulent candidates should in the
first instance be charged under the Election Law as the law
regulating the poll, prosecutors could press multiple charges
using the Criminal Code or Education Law to discourage the
submission of fake school diplomas.
He argued that the Criminal Code and the Education Law carried
heavier punishment compared to the Election Law.
"Regarding the widespread use of fake school diplomas by
legislative candidates, it is high time that we handed down a
more severe punishment. All possible regulations should be
exhausted so that fraudulent politicians cannot get away with it
so easily," Rudi said.
He went on to say that Law No. 12/2003 on general elections
could be amended to administer a heavier punishment against
offenders.
"This is to anticipate a situation where the prosecutors
choose to use only the Election Law," he said.
Offenders currently are being charged under Article 137 of the
Elections Law, which carries a maximum punishment of 18 months in
prison and a Rp 6 million (US$705) fine.
Article 263 of the Criminal Code on counterfeit documents,
however, carries a maximum sentence of six years imprisonment,
while Article 55 of Law No. 2/1989 on National Education
stipulates that a person using a fake university degree could
receive a maximum penalty of 18 months in prison or a Rp 15
million fine.
An illustration of the lenient punishment handed down under
the Election Law was evident on Friday when the Tangerang
District Court fined Fonaha Mendrofa of the Indonesian Democratic
Party of Struggle (PDI-P) Rp 4 million (US$470) for submitting a
fake school diploma to meet the requirements to become a
legislative candidate.
Elected in 1999, Mendrofa is still an active councillor. He
did not have any problem in becoming a legislative candidate in
the previous election.
Another legal expert Andi Hamzah said that the Election Law
should not be the first law used in charging a candidate for the
use of a fake school diploma.
"I think the lawmakers did not realize that there are other
standing regulations on the issue when they drafted the Election
Law," he told the Post.
He said the article on the use of fake school diplomas by
legislative candidates could be repealed in order to charge
fraudulent candidates under the Criminal Code or the Education
Law.
The Jakarta Police are currently investigating a total of 23
cases on fake school diplomas submitted by legislative
candidates. None of their dossiers have been completed.