Efforts of Counterfeiting Criminal Acts Passport Identity
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International Journal for Educational and Vocational Studies Vol. 2, No. 8, August 2020, pp. 690-696 DOI: https://doi.org/10.29103/ijevs.v2i8.2761 Available online at http://ojs.unimal.ac.id/index.php/ijevs Research Article E-ISSN: 2684-6950 Efforts of Counterfeiting Criminal Acts Passport Identity Yusep Mulyana Universitas Pasundan, Indonesia [email protected] *Corresponding Author How to Cite : Mulyana, Y. (2020). Efforts of Counterfeiting Criminal Acts Passport Identity. International Journal for Educational and Vocational Studies, 2 (8), 690-696. DOI: https://doi.org/10.29103/ijevs.v2i8.2761 ARTICLE HISTORY ABSTRACT Efforts Made to Overcome Counterfeiting Crimes in the Passport Making System is the Imposition of criminal Received: 4 July 2020 sanctions related to immigration criminal acts can be carried out effectively if the government conducts effective Revised: 11 July 2020 supervision and legal action against individuals, corporations and officials of relevant government agencies Accepted: 17 July 2020 involved in activities that lead to the criminal act of immigration by imposing the maximum sanctions both KEYWORDS imprisonment and fines, another effort is by the application of biometric technology, different from the previous technology that separates the making of photographs and fingerprints.Biometric technology can narrow the Countermeasures; process within minutes connected online with the central office as a storage of biometric data (face and Identity Counterfeiting; fingerprint) and between immigration offices to prevent the acquisition of multiple passports to the same person Passport because they have multiple identity documents, the passport data is not necessary again sent to Kemkumham, because the data has been centralized online. This is an open access article under the CC–BY-SA license. 1. INTRODUCTION Indonesia as one of the countries with the largest Technical Implementation Units of the Department of population in the world and an island territory, with an Justice which turned into the Department of Justice and area consisting mostly of oceans, of course also has a wide Human Rights (HAM) has a very important role to variety of cultures and natural resources. If in other regulate foreign traffic between countries and oversee the countries know 4 seasons, then in Indonesia only know arrival, presence and activities of foreigners until leaving two seasons, namely the rainy season and the dry season. the territory of the Republic of Indonesia, this is shown to This condition influences the natural fertility, so that maintain the smooth and implementation of development it can lure foreigners to come to Indonesia, to hitchhike, to safeguards. A reality in Indonesia, that there are still make a living, not even a few are sedentary, it is many misuse of passports. In dealing with foreign traffic inseparable from the struggle of life. Aside from this of every country wherever it is located, in order to struggle for life factor, there are still other factors that maintain its integrity and security, conduct surveillance cause foreigners to immigrate to Indonesia, namely due to of foreigners by issuing provisions governing the entry political conflict in their country (Sjariful, 2003). and exit of foreigners into the country or regulating In a territory of the country therein must be inhabited foreigners who should reside in the country. by a number of residents. They consist of citizens, namely The role of immigration is very influential in people who are part of a population that is an element of regulating these activities, in that activity certainly many the state, who have an unbroken relationship with their are involved and involved. When someone goes and comes homeland, as long as they are not severed or bound by from inside and outside the country certainly needs a visa international law, while residents who are not citizens its and passport, it is an obligation that must be carried out relationship with the country which it occupies is only as for people who will travel to and from abroad. In the last long as the person concerned resides within the territory few decades, there have been many forgery acts (forgery) of that country (Pasha, 2002). Therefore the government on letters and documents relating to passports. In the regulates the entry and exit of Indonesian citizens and Criminal Code there is indeed a special Chapter, Chapter foreign nationals in the Immigration Law. Thus the task XII which criminalizes falsification of letters, but these of the Directorate General of Immigration as one of the - provisions are still very general in nature. 690 Mulyana International Journal for Educational and Vocational Studies, Vol. 2, No. 8, August 2020, pp. 690-696 At this time the falsified letters and documents can be 2. LITERATURE REVIEW in the form of electronic documents sent or stored in Falsification of Letters electronic files of government agencies, institutions, or In accordance with the understanding given in the word individuals. Indonesia should have specific criminal faux by the makers of the Code Penal, which can be used provisions relating to falsification of letters or documents as objects of faux or forgery only ecrtures or writings only. by distinguishing the types of letters or falsification According to the understanding of the founders of the documents, which are lex specialists outside the Criminal valid Criminal Code, which can be the object of the crime Code.Perpetrators of forgery of documents in the form of of forgery of a letter regulated in Chapter XII book II of passports may be subject to sanctions in Law No. 6 of the Criminal Code. From Article 263 to Article 276 which 2011 concerning Immigration. Criminal law sanctions can be divided into 7 types of falsification of documents, have a preventive effect on the occurrence of violations of namely: legal norms. These specific criminal law sanctions can be 1. Falsification of Letters in General: the main form of distinguished (Pasha, 2002). falsification of letters (Article 263). 2. The falsification of the aggravated letter (Article 264). 1. Primary functions 3. Calling for false information to be entered into the Criminal law functions as a means of crime prevention or Authentic Deed (Article 266). a means of social control or community control (as a tool 4. Falsification of Doctor's Certificate (Articles 267, 266). for social engineering). Criminal law has a moral 5. Falsification of certain documents (Article 267,266). dimension in protecting people and people from crime and 6. Falsification of Official Certificate of Ownership criminals as well as protecting citizens from the (Article 274). interference of the authorities who use the criminal as an 7. Storing Materials or Objects for Letter Counterfeiting improper means. (275). 8. Article 272 and Article 273 have been revoked through 2. Secondary function stb. 1926 No.359 jo.429. Article does not contain the Arrangements regarding social control that are carried formulation of a crime, but on the provision of out spontaneously or are made by the state with its additional criminal sanctions in the form of the equipment. imposition of certain rights under Article 35 No.1-4 for the crime of falsification of letters. 3. Subsidier function The crime of forgery of letters in general is in the form Efforts to protect the public from crime should be used by of forgery of letters in the principal form (standard form) other efforts first. If deemed inadequate, criminal law is contained in Article 263, which formulates as follows: used. Efforts to protect the public from crime as an example of crime in the field of immigration. Cut "Anyone who makes a fake letter or falsifies a letter Cynthiara Alona Binti Tengku Umar aka Synthiara Alona that can give rise to rights, commitments or release of has been legally and convincingly proven to have debts, or which is intended as evidence of something committed a criminal offense "using travel documents of that is intended to use or order others to use the letter the Republic of Indonesia to enter or exit Indonesian as if the contents are true and not fake, are convicted if territory, but it is known or reasonably suspected that the Such use can incur losses, due to falsification of the Republic of Indonesia travel documents are Fake or letter, with a maximum imprisonment of 6 years " falsified", as regulated and threatened with criminal offense in article 126 letter a of RI Law No. 6 of 2011 Convicted of the same crime, whoever intentionally concerning immigration. uses fake or forged letters as if if the use of the letter can A passport is an official document issued by an cause harm. In Article 263 there are 2 crimes, each authorized official from a country that contains the formulated in paragraphs 1 and 2. identity of the holder and is valid for traveling between The formula in paragraph 1 consists of the following countries. The passport contains the biodata of the holder, elements: which includes, among others, the holder's photo, 1 Subjective elements with the intention to use them as signature, place and date of birth, nationality information original and unauthorized letters or to make others and sometimes also some other information regarding use the person. individual identification. There are also times when a 2. Objective elements: passport includes a list of countries that cannot be entered a. Whoever; by the passport holder, but in practice there is b. Fabricate or fabricate; falsification of the passport data itself which violates Law c. A letter that can give rise to a right, an No. 6 of 2011 concerning Immigration. engagement or a debt relief or; The formulation of the problem in this research is d. A letter that is intended to prove a reality; howEfforts to Prevent Criminal Acts of Passport Identity e. Its use can cause a loss.