The Use of Fake Diplomas in Local Elections and their Criminal Sanctions

The upcoming 2018 Local Elections (Pilkada) are planned to be simultaneously held in 171 areas in Indonesia. These Local Elections involve 17 provinces, 115 regencies and 39 cities. One regulation concerns the Process of Local Elections is Regulations Number 10 of 2016 concerning Government Regulation in Lieu of Law No. 1 Year 2014 concerning the Election of Governor, Regent and Mayor into Regulation (“Law No. 10 Year 2016”). The requirements to propose candidates are regulated by Article 7 Law No. 10 Year 2016, and are as follows:

(1) Every Indonesian national has the right to get an equal chance to nominate themselves as Governor and Vice Governor Candidate, and Regent Candidate or Vice Regent Candidate and Mayor Candidate and Vice Mayor Candidate.

(2) The Governor and Vice Governor Candidate, and Regent Candidate or Vice Regent Candidate and Mayor Candidate and Vice Mayor Candidate as described on paragraph 1 shall fulfil the following requirements:

a) Mindful of God;

b) Faithful to Pancasila, the Constitution of Republic of Indonesia of 1945, Aspirations of the Proclamation of Independence 17th August 1945 and the Unitary State of The Republic of Indonesia;

c) Have attended school to at least Senior High School or another school at the same level;

d) Be at least 30 (thirty) years old for Governor Candidates and Vice Governor Candidates and 25 (twenty-five) years old for Regent Candidate or Vice Regent Candidate and Mayor Candidate and Vice Mayor Candidate;

e) Be physically and mentally capable of performing the duties and be free of drugs use as determined by a comprehensive health check-up from the team;

f) Never been convicted by a court decision having permanent legal force or if previously convicted, had openly and honestly declared to the public that they had been previously convicted before;

g) Not be revoked of their voting rights by a decision of a Court with permanent legal force;

h) Not been involved in any despicable act which is proven by a police verification letter;

i) Submit the list of their personal wealth;

j) Has no debts personally or/and collectively that may create a loss for the state;

k) Has not been declared bankrupt by a permanent legal court. ;

l) Has a Taxpayer Identification Number and has personal tax report;

m) Has never been a Governor, Vice Governor, Regent, Vice Regent, Mayor and Vice Mayor for for 2 (two) periods in the same position for Governor Candidate, Vice Governor Candidate, Regent Candidate, Vice Regent Candidate, Mayor Candidate and Vice Mayor Candidate;

n) Has never been a Governor for Vice Governor Candidate or Regent/Mayor for Vice Regent/Vice Mayor Candidate in the same area;

o) R esigned from his/her position as Governor, Vice Governor, Regent, Vice Regent, Mayor and Vice Mayor which nominated him/ herself in another area after he/she has been appointed as a candidate;

p) Is not Acting Governor, Acting Regent, and Acting Mayor;

q) A written declaration of his/her resignation as members of People’s Representative Council, members of Regional Representative Council and members of Legislative Council after he/she has been appointed as candidate pairs of Election participants;

r) A written declaration of his/her resignation as a member of the Indonesian Army, The Indonesian National Police and Civil Servants and Village Head or other terms after he/she has been appointed as candidate pairs of Election participants; and

s) Resigned from his/her position at the State Owned Enterprise or Regionally Owned Enterprise after being appointed as a candidate.

Besides the requirements listed above, the requirements to become a Local Elections’ participant also need the following documents:

a) A statement letter, which is made and signed by the candidate him/herself, as one of the proofs of fulfilment of the requirements as stated in Article 7 a, b, g, h, n, o, p, q, s, t, and u;

b) Verification letter of:

1) The result of physical, mental and drugfree checkup from a team which consists of doctors, psychological experts, and National Narcotics Agency, which is appointed by the Province KPU or Regent/City KPU as proof of the candidate’s fulfillment of the requirement as stated in Article 7 f;

2) H as not been convicted by a court of permanent legal force from a District Court which has the jurisdiction over the domicile of the candidate or if an ex-convict, had openly and honestly declared to the public that he/she has been convicted. A local or national mass media editor in chief may act as proof of the candidate fullfilling the requirement as stated in Article 7 g;

3) A Court with permanent legal force has not revoked his/her voting rights by the District Court which has the jurisdiction over the domicile of the candidate as a proof of the candidate’s requirement fulfilment as stated in Article 7 h;

4) Never been involved in any despicable act which is proven by the police’s verification letter as proof of the candidate’s fulfilment of the requirements stated in Article 7 I;

5) Has no debts personally or/and collectively that may create a loss for the state Article 7 k must be proved;

6) Has not been declared bankrupt by a court with permanent legal force from a District Court which has the jurisdiction over the domicile of the candidate, as a proof of the candidate’s fulfilment of requirements fulfilment as stated in Article

c) Receipt of the candidate’s wealth report from the institution which has the authorization to check the wealth report of state officials as a proof of the candidate’s requirement fulfilment as stated in Article 7 j;

d) Copies of:

1) Last education diploma at least of Senior High School or equivalent level which is legalized by the authority, is proof of the candidate’s requirement fulfilment as stated in Article 7 c;

2) Taxpayer identification number card of the candidate’s name, receipt of the submission of annual taxpayer’s personal income tax return on behalf of the candidate for the last 5 (five) years, which proof is by a certificate of non-tax arrears from tax office where the candidate is registered. This is proof the fulfilment of the candidate’s requirements stated in Article 7 m;

3) Electronic ID card with citizen identification number;

e) A list of personal history which is made and signed by individual candidates and for candidates which are nominated by Political Parties or a coalition of Political Parties, assigned by the candidate, the leader of the Political Parties and the leader of the coalition of the Political Parties;

f) Newest photo of the Governor and Vice Governor Candidate, Regent and Vice Regent Candidate and Mayor and Vice Mayor Candidate;

g) The script of the visions, missions and programs of the Governor and Vice Governor Candidate, Regent and Vice Regent Candidate and Mayor and Vice Mayor Candidate;

Regarding the required documents such as education diplomas, there are mass media reports which have discovered that many Local Elections participant candidates actually falsify the data in order to fulfil this requirement.

Basically, the act of data forgery is an illegal act punishable under Article 177A paragraph 1 Law No. 10 Year 2016 which states: “Every person who intentionally acts against the law by falsifying data and list of voters as refered to in Article 58, may be sentenced to a term of imrisonment of between 12 (twelve) months and maximum 72 (twenty two) months and a fine of at least IDR 12.000.000,- (twelve million rupiahs) and a maximum of IDR 72.000.000,- (seventy two million rupiahs).”

Therefore, if a Local Elections’ participant candidate is found or knowingly uses a fake diploma or data, then he/she may be sentenced to prison and ordered to pay the fines. In line with the Article 177A section (1) Law No. 10 Year 2016, The Criminal Code (KUHP) regulates the crime of data forgery in Article 263 paragraph 1 and paragraph 2, which states:

(1) Any person who forges or falsifies a writing from which and title, a contract or a release from debt may arise, or which is intended to serve as evidence of a fact, with intent to use or to cause others to use it as genuine and unfalsified, shall, if from the said use may result an injury, being guilty of forgery of writing, may be punished by a maximum imprisonment of six years.

(2) Any person who with deliberate intent makes use of the false or falsified writing as if it were genuine and unfalsified, and if from the said use may result in injury shall be liable to the same punishment.

-EDN-