The Penalties Awaiting Those Who Forge Signatures

A signature may appear to be nothing more than a few scribbles on paper. However, when such a signature is used in documents with legal consequences, the matter can become serious.

Forging someone else’s signature is not merely about imitating handwriting. If done to create a letter that appears authentic and is subsequently used in a way that potentially causes loss, the act may constitute the criminal offence of forgery.

In Indonesia, regulations regarding forgery now refer to Law Number 1 of 2023 concerning the Criminal Code (KUHP), which will come into effect on 2 January 2026.

So, what penalties await someone who forges a signature?

Article 391 of Law Number 1 of 2023 regulates the criminal offence of forgery. This provision targets anyone who untruthfully creates or forges a document that can establish a right, an obligation, or a debt release, or which is intended as evidence of a particular matter.

However, the offence does not stop at the act of creating or forging the document. There is also the element of intent to use, or to have others use, the document as if its contents were true and authentic. The use of the document must also be capable of causing loss.

If these elements are met, the perpetrator can be sentenced to a maximum of six years in prison or a fine of up to Category VI.

Thus, not every scribble or signature made to resemble someone else’s automatically means a person will be sentenced to six years in prison. Law enforcement remains dependent on the criminal elements and the facts of the case being examined.

Not only the creator, but the user of a forged document can also be prosecuted.

There is another equally important point. Article 391, paragraph (2) also regulates individuals who use a document containing untrue or forged information as if it were true or authentic.

If the use of such a document can cause loss, the user may be subject to the same criminal penalties as mentioned in paragraph (1). This means an individual cannot always argue that they were not the person who created the forged signature.

For example, if someone obtains a document that has already been forged and then intentionally uses it to process an administrative matter, and the use of that document has the potential to cause loss, such use of a forged document can also become a criminal matter.

The criminal threat can be even heavier if the forgery is committed against specific types of documents mentioned in Article 392 of the Criminal Code. This article regulates the forgery of several documents, including authentic deeds, land rights certificates, debt instruments, shares, credit letters, certain commercial papers, and other securities as determined by laws and regulations.

For forgery falling into these categories, the penalty is a maximum of eight years in prison. The use of such forged documents can also be subject to the same penalty if the use results in loss. Therefore, the context of the document is crucial. A forged signature on a letter cannot be viewed solely by its appearance, but also by the type of document, the purpose of its use, and the resulting consequences.

What about electronic signatures?

In the digital era, forgery can also occur in electronic documents. Indonesia regulates electronic information and transactions through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), which has been amended several times, most recently through Law Number 1 of 2024.

In certain contexts, the act of manipulating, creating, altering, deleting, or damaging electronic information and/or electronic documents with the intention of making the data appear authentic may fall under the provisions of Article 35 of the ITE Law.

Article 51, paragraph (1) of the ITE Law stipulates a criminal threat for such acts of up to 12 years in prison and/or a fine of up to Rp12 billion. Therefore, forging a signature in a digital document is not automatically viewed merely as a matter of the signature itself. How the electronic document is created, altered, or used can also form part of the legal case.