The element of offense in Article 266 paragraph (1) of Criminal Code states, among other things: causes to insert a false statement in an authentic deed. This authentic deed element must be interpreted as specified in Article 165 HIR in conjunction with Article 1868 of Civil Code: that what is meant by an authentic deed is a deed made by Public Official who is authorized to make deeds according to the provisions of the law. In this case the “Certificate of Appraisal” is not made by a Public Official, but an Appraisal Company, PT Kharisma, then the Certificate of Appraisal a quo cannot legally be classified as an authentic deed. So, the Defendant’s act which is inserting false statement in the Certificate of Appraisal cannot be qualified as an offense in Article 266 paragraph (1) of Criminal Code.

Supreme Court Decision No. 1893 K/Pid/2002 dated February 27, 2003

Regards,

Fredrik J. Pinakunary