Criminal Act of Signature Forgery

Another frequently asked question in consultations or ongoing cases at Lilo Agung & Co is about the seemingly trivial matter of signatures being affixed either digitally or directly by other parties. Does this have the potential for a criminal act, particularly the crime of forgery?

Forgery involves altering, creating, or imitating documents or signatures intended to deceive others. Article 263 of the Indonesian Criminal Code (KUHP) specifically states that someone who forges a document or signature intending to use it as if it were genuine, causing harm to others or unlawfully benefiting themselves, can be subject to punishment.

According to R. Soesilo in his book “Indonesian Criminal Code (KUHP) and Its Complete Commentary Article by Article” (p. 196), the act of forging a signature falls within the scope of document forgery under Article 263 KUHP.

“Whoever makes a false document or falsifies a document, which can give rise to any right, agreement (obligation), or debt relief, or can be used as evidence for any action, with the intention of using or having someone else use the document as if it were genuine and not forged, and if using it can cause any harm, shall be punished for document forgery, with a maximum imprisonment of six years.”

Forgery of a signature is a serious criminal offence that can significantly impact both individuals and institutions. This crime involves someone intentionally imitating or forging another person’s signature to deceive or unlawfully gain an advantage. In the Indonesian legal system, signature forgery is regulated under the KUHP and other relevant laws and regulations.

Elements of the Crime of Signature Forgery

To prove the crime of signature forgery, several essential elements must be met:

1. Act: The act of forging or imitating another person’s signature.
2. Intent (Mens Rea): The perpetrator has malicious intent or a specific purpose to deceive or unlawfully gain an advantage.
3. Harm: The act causes harm to another party or benefits the perpetrator.

Thus, the maximum penalty for someone who forges a signature on a document is six years imprisonment. However, to be subject to the criminal sanction of Article 263 paragraph (1) KUHP, as explained by R. Soesilo (p. 195), the forged document must be one that:

1. Can create a right, for example: diplomas, entry tickets, share certificates, powers of attorney, and others.
2. Can create an agreement, for example: debt agreements, sales agreements, lease agreements, and so on.
3. Can create a debt relief, for example, receipts or similar documents; or
4. A document that can be used as evidence for an action or event, for example: birth certificates, postal savings books, cash books, and many more.

Prevention Efforts

To prevent the crime of signature forgery, several steps can be taken, including:

1. Document Security Enhancement: Using advanced technologies such as digital signatures or fingerprint authentication.
2. Education and Awareness: Increasing public awareness about the risks and impacts of signature forgery.
3. Internal Oversight: Strengthening internal oversight systems in institutions vulnerable to document forgery.

Conclusion

Signature forgery is a serious criminal offence with significant legal consequences. Firm law enforcement and effective prevention efforts are essential to address this issue. Through cooperation between law enforcement, relevant institutions, and the community, it is hoped that cases of signature forgery can be minimised and the integrity of documents maintained.