TINJAUAN YURIDIS TERHADAP PEMALSUAN TANDA TANGAN SURAT KETERANGAN TANAH (SKT) (Studi Kasus Polresta Kendari)

Abstract

Certificates as one of the land documents are the result of the land registration process, and written documents containing physical data and legal data of the land in question. These land documents can be used as collateral and become a reference for parties who have an interest in the land. The evidentiary power of land certificates is strong as long as no other party proves otherwise or there is no fraud in the origin of its issuance. If the origin of the issuance of the certificate comes from a fake basic right, namely a falsified Land Certificate (SKT), then the land certificate immediately becomes legally flawed. Therefore, it is necessary to take strict action against perpetrators of criminal acts of falsifying Land Ownership Certificates (SHM) originating from falsified Land Certificates (SKT). This study is intended to answer the problem of legal regulations regarding falsification of Land Certificates that give birth to Land Ownership Certificates handled by the Kendari Police, the factors causing falsification of Land Certificates that give birth to Land Ownership Certificates handled by the Kendari Police and criminal law policies regarding falsification of Land Certificates that give birth to Land Ownership Certificates. To answer the problem, a normative legal research method is used using secondary data and supported by primary data. The data analysis used in this study is a qualitative approach. The crime of forgery of documents is regulated in Articles 263 to 276 of the Criminal Code, plus Articles 55 and 56 of the Criminal Code if there are parties involved (deelneming) in the crime of forgery, while the regulations related to the issuance of Certificates of Ownership Rights are Law No. 5 of 1960 concerning Agrarian Principles and Government Regulation No. 24 of 1997 concerning land registration. There are several factors causing forgery.