As a content creator for carcodepro.com and an automotive repair expert, I’m addressing a crucial legal question related to document manipulation. You’ve asked about the legality of editing scanned documents, specifically concerning the Surat Keterangan Catatan Kepolisian (SKCK), or Police Clearance Certificate. This article, updated from previous versions by legal experts, delves into the legal ramifications of altering scanned documents under Indonesian law, providing insights relevant to anyone concerned about document integrity and legal compliance.
Understanding Document Editing as Forgery
Before we delve into the specifics, it’s important to understand what “editing” implies in this context. Referring to dictionary definitions, editing, in the context of documents, can be understood as modifying a draft to prepare it for publication or use. This involves adjusting the systematical presentation, content, and language, encompassing aspects like spelling, diction, and sentence structure. In the digital age, this extends to manipulating digital copies of documents.
In the context of your question, we assume “editing” refers to actions such as adding to, reducing from, or altering the content of a document that has been scanned and digitized. Following this modification, the document is then photocopied or reproduced. This action, particularly when applied to official documents, can quickly lead to legal repercussions under forgery laws.
The Act of Document Forgery Under Indonesian Law
Fundamentally, altering or manipulating the content of documents such as Kartu Keluarga (Family Card – KK), salary slips, Surat Tanda Nomor Kendaraan (Vehicle Registration Certificate – STNK), Surat Keterangan Catatan Kepolisian (Police Clearance Certificate – SKCK), and doctor’s letters can be classified as document forgery, a criminal offense under Indonesian law.
The legal framework addressing document forgery is primarily outlined in the Indonesian Criminal Code (KUHP), and the newly enacted Law No. 1 of 2023 concerning the Criminal Code (UU 1/2023), which will fully come into effect in 2026. Both these legal instruments address the act of document forgery, though with slightly different phrasing and categorization of penalties.
| Criminal Code (KUHP) | Law No. 1 of 2023 (UU 1/2023) |
|---|---|
| Article 263 1. Anyone who creates a false document or forges a document that can give rise to a right, obligation, or debt discharge, or is intended as evidence of something, with the intent to use it or order someone else to use it as if its contents were true and not forged, is threatened if such use can cause harm, due to document forgery, with imprisonment for a maximum of 6 years. 2. Punished with the same penalty is anyone who intentionally uses a false or forged document as if it were genuine, if the use of the document can cause harm. | Article 391 1. Every person who incorrectly makes or forges a document that can give rise to a right, obligation, or debt discharge, or which is intended as evidence of a matter, with the intention to use or request another person to use it as if its contents were true and not false, if the use of the document can cause harm, is punished for document forgery, with imprisonment for a maximum of 6 years or a fine of at most category VI, which is Rp2 billion. 2. Every person who uses a Document whose content is untrue or forged, as if it were true or not forged, if the use of the document can cause harm is punished with the same penalty as in paragraph (1). |
| Article 264 1. Document forgery is punishable by imprisonment for a maximum of 8 years, if committed against: 1. authentic deeds; 2. debt instruments or debt certificates from a state or part thereof or from a public institution; 3. share or debt certificates or share or debt certificates of an association, foundation, company or firm; 4. coupons, dividend or interest vouchers from one of the letters described in 2 and 3, or vouchers issued as replacements for those letters; 5. credit letters or commercial letters intended for circulation. 2. Punished with the same penalty is anyone who intentionally uses the document in the first paragraph, whose contents are untrue or forged as if true and not forged, if the document forgery can cause harm. | Article 392 1. Punished with imprisonment for a maximum of 8 years, every person who commits document forgery against: 1. authentic deeds; 2. debt instruments or debt certificates from a state or part thereof or from a public institution; 3. shares, debt instruments, share certificates, debt certificates from an association, foundation, company or partnership; 4. coupons, dividend vouchers or interest vouchers of one of the Documents as referred to in letters b and letter c or vouchers issued as replacements for these letters; 5. credit letters or Commercial Letters intended for circulation; 6. certificate of rights to land; or 7. other securities stipulated in laws and regulations. 2. Every person who uses a document as referred to in paragraph (1) whose content is untrue or forged, as if true or not forged, if the use of the document can cause harm, is punished with the same penalty as referred to in paragraph (1). |
According to legal scholar R. Soesilo, forgery can take several forms:
- Creating a false document: Constructing a document with untrue or incorrect content from the outset.
- Forging a document: Altering an existing document to change its original content. This can involve adding, subtracting, or modifying parts of the document.
- Falsifying a signature: Illegally replicating or altering a signature on a document.
- Attaching someone else’s photo: Replacing the rightful holder’s photo with another person’s, for instance, on a diploma or identification card.
The term “document” itself is broadly defined to include any written material, whether handwritten, printed, or produced by a machine. The documents susceptible to forgery under these articles are those that:
- Can create a right: Such as diplomas, tickets, or share certificates.
- Serve as proof of an action or event: Like birth certificates, passbooks, logbooks, transport documents, or bonds.
To be penalized under Article 263 of the KUHP (or Article 391 of UU 1/2023), several elements must be present:
- Intent to use as genuine: At the time of forgery, there must be an intent to use the altered document or have someone else use it as if it were authentic and unaltered.
- Potential for harm: The use of the forged document must have the potential to cause harm. This harm is not limited to material loss but can also include societal, moral, or reputational damage. The “potential” aspect means actual harm doesn’t necessarily need to occur; the mere possibility of harm is sufficient.
- Knowing use of a forgery: Punishment applies not only to the forger but also to anyone who knowingly uses a forged document. If the user is unaware of the forgery, they are not liable under this article.
This legal perspective is mirrored in the explanation of Article 391 of UU 1/2023, which clarifies that “document” includes any representation of thought expressed in words, whether handwritten or machine-produced, including copies, photocopies, and facsimiles. The forged document must be capable of:
- Creating a right (e.g., tickets).
- Creating an obligation (e.g., loan agreements, sales contracts, leases).
- Issuing a debt discharge.
- Serving as evidence of an action or event (e.g., bank books, birth certificates, transport documents, cash books).
Therefore, modifying documents through scanning and editing, especially for purposes of misrepresentation, signature forgery, or photo substitution, can indeed be categorized as document forgery and carries legal risks under Indonesian law.
Forgery of Personal Data and the UU PDP
Your question mentions several types of documents that might be subject to forgery. Let’s consider the example of forging a Kartu Keluarga (Family Card) or altering its contents. The KK contains crucial personal data such as names, family relationships, and identities of family members.
Data within the KK constitutes demographic data, including individual data like family card number, full name, Nomor Induk Kependudukan (Population Identification Number – NIK), gender, place of birth, date of birth, blood type, marital status, and more. Under the framework of personal data protection, these details are classified as general personal data.
Article 66 of the UU PDP explicitly prohibits creating false personal data or falsifying personal data with the intention of benefiting oneself or others, which could result in harm to another person.
Violators of this provision face penalties under Article 68 of the UU PDP, which includes imprisonment for up to 6 years and/or a maximum fine of Rp6 billion. Beyond these criminal penalties, offenders may also face additional sanctions such as confiscation of profits or assets obtained from the crime and compensation for damages.
Therefore, the legal consequences of document forgery, including editing scanned SKCK or similar documents, are significant. Perpetrators can be prosecuted under forgery articles in the KUHP and UU 1/2023, as well as under Article 66 jo. Article 68 of the UU PDP, potentially facing up to 6 years imprisonment and/or a substantial fine.
In conclusion, editing a scanned Police Clearance Certificate (SKCK), or any official document for that matter, carries substantial legal risks in Indonesia. Such actions can be classified as document forgery and personal data forgery, leading to severe penalties under prevailing Indonesian laws. It is crucial to understand these legal implications and to always handle official documents with the utmost integrity and legality.
Legal Basis:
- Criminal Code (KUHP)
- Law No. 1 of 2023 concerning the Criminal Code (UU 1/2023)
- Law No. 27 of 2022 concerning Personal Data Protection (UU PDP)
- Law No. 24 of 2013 concerning Amendments to Law No. 23 of 2006 concerning Population Administration (UU 24/2013)
References:
- R. Soesilo. Kitab Undang-undang Hukum Pidana (KUHP) Serta Komentar-Komentarnya Lengkap Pasal Demi Pasal.
- Haruskah Ada Unsur Kerugian dalam Tindak Pidana Pemalsuan Dokumen?
- Unsur-unsur dan Bentuk Pemalsuan Dokumen
- Jerat Hukum Pemalsuan Identitas Menurut KUHP dan UU PDP
