PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMALSUAN SURAT KETERANGAN HASIL RAPID ANTIGEN COVID-19

Abstract

The purpose of this study is to examine law enforcement against the crime
of falsifying certificates and examine the accuracy of the judge's decision in
imposing a criminal offense against the crime of counterfeiting a certificate
resulting from the rapid antigen Coved-19 in Decision Number:
557/Pid.B/2021/PN Jkt.Utr.
This research was motivated by the falsification of the rapid test letter as
stated in the decision number 557/Pid.B/2021/PN Jkt. Utr. In the decision, it was
explained that on Saturday, March 27, 2021, after the Defendant had made 4
(four) sheets of Covid-19 Rapid Test Result Certificate, then the Defendant
wrapped the letter in an envelope to be sent to the customer and at that time the
defendant would send the letter to the JNE Expeditionary which located on Jalan
Cendrawasih Sukapura, North Jakarta. Furthermore, the defendant and the
evidence were taken to the Tanjung Priok Port Police for further investigation.
The type of research used is normative juridical, the nature of the research
is descriptive. The data source used is secondary data. The data collection
technique is by conducting library research and document studies on criminal
sanctions against the criminal act of falsifying the COVID-19 rapid antigen result
certificate.
The results showed that law enforcement in Decision Number:
557/Pid.B/2021/PN Jkt. Utr, which refers to the theory of full enforcement of
criminal law. Law enforcement officers arrested the defendant. The next step is
submitted to the District Court in the area where the crime occurred, namely the
North Jakarta District Court, in order to decide in the fairest way possible for the
actions that have been carried out by the Defendant. The Panel of Judges decided
by imposing a prison sentence on the Defendant for 1 (one) year and 6 (six)
months and determined that the period of arrest and detention that the Defendant
had served was reduced, entirely from the sentence imposed. This decision is the
right one, considering that the decision handed down to the Defendant is still
below the demands of the Public Prosecutor, namely for 2 (two) years in prison.
In terms of justice, that the verdict is fair, because the defendant has actually
committed a criminal act of falsifying a certificate of rapid antigen test results
with the intention of making a profit. For his actions, it was detrimental to the
institution and the good name of Dr. Fredik C Okoseray and Firdaus Hospital. In
terms of legal benefits, it is beneficial for the defendant and for others with the
intention of providing a deterrent effect, so that in the future they do not commit
acts that violate the law. In terms of the value of legal certainty, if the provisions
in the law state that the act committed is a criminal act, then the person concerned
must be punished.
Keywords: Law Enforcement, Crime of Counterfeiting of Covid-19 Rapid
Antigen Result Certificate, Decision Number: 557/Pid.B/2021/PN
Jkt.Utr