Jakarta –
Constitutional Court (MK) dismantling the signature forgery in the lawsuit judicial review Law on the State Capital (IKN) carried out by students of the Faculty of Law, University of Lampung (FH Unila). Member of Commission III of the Indonesian House of Representatives, Habiburokhman, assessed that the student’s actions could not be criminally prosecuted if the RKUHP had been ratified.
“If the RKUHP has been ratified, the actions of a number of juniors, I am a Unila student, who faked the signatures of their colleagues at the trial. MK cannot be prosecuted criminally,” Habiburokhman said in a written statement, Friday (15/7/2022).
“This is because there is a provision in Article 36 regarding criminal liability which adheres to the principle of no crime without guilt, where intentionality must be proven by an inner attitude or attitude. mens rea the perpetrator,” he said.
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Habiburokhman, who is also an alumnus of Unila, said that the counterfeiting was not done to take advantage. Moreover, according to him, the perpetrator’s actions had been approved by the party whose signature was forged.
“In this case the forgery was not carried out to take advantage of the perpetrator and according to information, the person whose signature was forged,” said Habiburokhman.
Even so, Habiburokhman said the perpetrators could be punished. Because according to him, the perpetrator’s actions have fulfilled the elements referred to in Article 273 of the Criminal Code.
“But if they refer to Article 273 of the existing Criminal Code, their actions could be punished because they have fulfilled the elements of the article editorially. Cases like this have happened a lot in the past, people faked their partner’s signature for practical reasons and did not take advantage in the end have to deal with the law,” said Habiburokhman.
He asked the public to carefully read the draft RKUHP that had been disseminated. Because, he considered many of the new legal rules that are positive.
“We urge the public to really read the draft RKUHP that we have distributed in order to understand that in addition to a few articles that are called controversial, there are many new laws that are very progressive and have positive values,” he said.
Student Caught Forged Signature of Lawsuit
It is known that the Constitutional Court dismantled the forgery of signatures in the lawsuit judicial review IKN Law. The students did not confess until they were found out and dropped the lawsuit.
They are students of the Faculty of Law, University of Lampung (FH Unila), namely M Yuhiqqul Haqqa Gunadi, Hurriyah Ainaa Mardiyah, Ackas Depry Aryando, Rafi Muhammad, Dea Karisna, and Nanda Trisua Hardianto.
Watch the video ‘Moment of the Constitutional Court Reveals Students Fake Signatures of Lawsuit’:
(dwia/jbr)
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