PEMALSUAN IDENTITAS OLEH PENJUAL KARTU (SIM) SUBSCRIBER IDENTITY

  • Evi Purnamawati Universitas Palembang
  • Warmiyana Zairi Absi
  • Rusniati Rusniati
Keywords: Counterfeiting; Criminal Law; SIM Card

Abstract

Developments in Information Technology “there can be forgery of identity as a condition for using cell phones. Identity is one of the proofs of the same (on oneself) or a sign of identification. The problem in writing this script is whether falsification of identity by a SIM card seller is a crime, how are the legal arrangements regarding document falsification according to the Criminal Code. "The research method used by the author in this paper is a Sociological or empirical legal research study." The result of the research is that falsification of identity by the SIM Card seller is a crime, the ITE Law does not provide criminal sanctions (strafrechtelijke sancties), the "ITE Law only stipulates that" "the aggrieved party can file a lawsuit" "Unlawful Acts / Onrechtmatige According to Article 1365 of the Civil Code," and the legal arrangement regarding document falsification according to the Criminal Code is "in article 263 of the Criminal Code," "false letters or falsifying letters that can give rise to a right, an engagement or the imposition of a debt, or which is intended as evidence rather than something with the intent to use or order another person to use the letter as if its contents were true and not falsified, shall be punished if such use can cause harm, due to falsification of the letter, with a maximum imprisonment of 6 years". The conclusion that forgery of identity by the SIM Card seller is an "unlawful act / Onrechtmatige Daad Article 1365 of the Civil Code," and a criminal act (strafrechtelijke sancties) in article 263 of the Criminal Code. Suggestion, It is recommended to cell phone card sellers not to help register a phone card illegally or use false data because it can lead to a civil lawsuit and be threatened with a criminal case regarding falsification of identity documents, and when registering a phone card the buyer is asked to show his identity or bring a photocopy of the card. family.

Published
2022-05-01
Section
Articles