Criminal Acts of Falsification of Data: Types, Legal Basis, and Applicable Sanctions

In this fast -paced digital era, data is a very valuable asset. However, along with the increasing volume and value of data, the threat of criminal acts of falsification of data. This illegal activity not only harms individuals and organizations, but also threatens the integrity of the overall information system. This article will thoroughly explore the crime of forgery of data, ranging from understanding, types, legal basis that applies in Indonesia, to sanctions waiting for the perpetrators.

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Understanding of the crime of falsification of data

Simply put, the crime of forgery of data can be interpreted as an act of changing, adding, removing, or making fake data with the aim of benefiting yourself or others, or to harm other parties. The falsified data can be in the form of various kinds of information, ranging from population documents, financial records, electronic transaction data, to personal information on social media. This action violates the law and has serious criminal consequences.

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Types of data counterfeiting

Data forgery of criminal offenses has various forms, including:

1. Falsification of documents, namely making or changing authentic documents to fake, such as KTP, diploma, birth certificate, land certificate, and others. The goal can be for fraud, embezzlement, or other illegal goals.
2. Falsification of financial data, namely manipulation of financial records, income statements, invoices, or other transaction proofs to hide financial crimes, avoid taxes, or get unauthorized profits.
3. Electronic data counterfeiting, by changing, deleting, or adding data to computer systems, databases, or other electronic media without permission. An example is changing the test scores in the academic system, manipulating inventory data, or making fictitious transactions in the banking system.
4. Falsifying digital identity: stealing or using other people’s digital identity to take illegal actions in cyberspace, such as online fraud, theft of personal information, or the spread of false news.
5. Falsification of digital signatures: Making or falsifying someone’s electronic signature without permission to pass documents or transactions illegally.

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Legal basis for data counterfeiting in Indonesia

Law in Indonesia has several articles governing the criminal offenses of data falsification, including:

1. Criminal Code (KUHP). Article 263 to Article 266 of the Criminal Code regulates the counterfeiting of letters, which in the digital context can also be interpreted as forgery of electronic documents. These articles regulate the making of fake letters, falsification of signatures, and the use of fake letters.
2. Law Number 11 Year 2008 concerning Information and Electronic Transactions (ITE) as amended by Law Number 19 of 2016 and Number 1 of 2024. ITE Law specifically regulates the act against the law in the cyber world, including those relating to electronic data and information. Some relevant articles include Article 32 which regulates illegal access, changes, removal of electronic information, and Article 35 which regulates manipulation of electronic information.
3. Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration. This law specifically regulates the forgery of population documents.
4. Law Number 27 of 2022 concerning Protection of Personal Data (PDP Law). The perpetrators of the Criminal Acts of Falsification of Data involving personal data can also be charged with articles in the PDP Law, especially if the forgery action aims to gain illegal access, spread, or use personal data without the approval of the owner.

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Criminal sanctions on data falsification

Criminal sanctions for perpetrators of criminal acts of falsification of data vary depending on the type of forgery and the legal article violated. Based on the Criminal Code, the perpetrators of falsification of letters can be threatened with imprisonment of up to six years (Article 263 of the Criminal Code).

Meanwhile, based on the ITE Law, the perpetrators of counterfeiting electronic data can be threatened with imprisonment and/or a fairly large fine. For example, Article 32 of the ITE Law can ensnare the perpetrators with a maximum imprisonment of 8 years and/or a maximum fine of Rp2 billion. The forgery of population documents also has its own criminal threat in accordance with the Population Administration Law.

In the PDP Law, there are several articles that specifically regulate criminal sanctions related to falsification of personal data, as follows:

1. Article 66. This article explicitly prohibits making fake personal data or forgery of personal data with the intention to benefit yourself or others that can result in losses for others.
2. Article 67. Although this article is more focused on the acquisition, disclosure and use of personal data on the law, in the context of data falsification aimed at carrying out one of these actions, this article is also relevant. For example, if someone falsifies personal data to gain illegal access in Article 67 paragraph (1) and (3) or reveal false personal data to other parties without rights in Article 67 paragraph (2), criminal sanctions in the form of prison and/or fines also apply.

• Paragraph (1): imprisonment for a maximum of 5 (five) years and/or a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah) for those who obtain or collect personal data that does not belong to the law to benefit themselves or others that can result in losses of personal data subjects.
• Paragraph (2): a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp.4,000,000,000.00 (four billion rupiah) for those who reveal personal data that does not belong to the law.
• Paragraph (3): a maximum imprisonment of 5 (five) years and/or a maximum fine of Rp5,000,000,000.00 (five billion rupiah) for those who use personal data that does not belong to the law.

3. Article 68: Anyone who deliberately makes fake personal data or falsify personal data with the intention to benefit themselves or others who can result in losses for others, threatened with a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp6,000,000,000.00 (six billion rupiah).
4. Article 69: In addition to prison criminal sanctions in the form of imprisonment and fines, perpetrators of criminal acts of falsification of personal data can also be subjected to additional crimes in the form of seizure of profits and/or assets obtained from the criminal offense, as well as payment of compensation to the victim.

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Legal and social impact of data falsification

Data forgery of criminal acts does not only have implications for legal aspects, but also has a significant social impact. Some of these impacts include:

1. Financial loss. Individuals and organizations can experience financial losses due to fraud, embezzlement, or theft carried out using fake data.
2. Loss of trust. Data forgery can damage public trust in institutions, information systems, and online transactions.
3. System disorder. Falsification of data on important systems can cause operational disorders, even threaten national security.
4. Psychological impact. Victims of identity forgery or personal data can experience stress, anxiety, and reputation losses.
5. Injustice. Data forgery can cause injustice in various aspects of life, such as in the legal process, public administration, and business transactions.

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Prevention and protection of data falsification

Given the big negative impact, efforts to prevent and protection against criminal acts of data counterfeiting are very important. Several steps that can be taken include:

1. Increase awareness. Education to the public regarding the risk and modus operandi of data counterfeiting.
2. Safety system. Implementation of a strong security system to protect electronic data from unauthorized access and manipulation.
3. Data verification. Verify the authenticity of data and documents carefully, especially in important transactions.
4. Use of security technology. Utilizing technology such as encryption, digital signature, and layered authentication to secure data and online transactions.
5. Reporting criminal offenses. Immediately report to the authorities if you find indications or become a victim of data counterfeiting.

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(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Code;
2. Law Number 11 of 2008 concerning Information and Electronic Transactions;
3. Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration;
4. Law Number 27 of 2022 concerning Protection of Personal Data.