Basically, the criminal act of giving false oath and false statements is regulated in Article 242 of the old Criminal Code , which stated:

1. Any person who, in circumstances where the law requires giving information on oath or providing legal consequences for such information, intentionally gives false information on oath, whether orally or in writing, personally or by his or her attorney specifically appointed for that purpose. , is threatened with imprisonment for a maximum of seven years.
2. If a false statement on oath is given in a criminal case and is detrimental to the defendant or suspect, the guilty person is threatened with a maximum prison sentence of nine years.
3. Equal to an oath is a promise or affirmation that is required according to general rules or that is a substitute for an oath.
4. Criminal revocation of rights based on article 35 no. 1 – 4 can be dropped.

What is meant by the crime of revoking rights based on Article 35 No. 1-4 of the Criminal Code are:

1. the right to hold office in general or certain positions;
2. the right to enter the armed forces;
3. the right to vote and be elected in elections held based on general rules; And
4. the right to be a legal advisor or administrator based on a court order, the right to be a guardian, supervising guardian, guardian or supervisory guardian, for a person who is not one’s own child.

The elements of perjury are as follows:

1. Subjective Elements
2. the statement must be on oath;
3. the information must be required according to law or according to regulations that determine the legal consequences of that information;
4. The information must be false (not true) and this falsity is known to the person giving the information.
5. Objective Elements
6. in circumstances where the law determines that the statement must be given on oath, or that legal consequences are imposed on the statement made on oath;
7. action, namely providing information on oath;
8. object, namely false information;
9. orally or in writing;
10. personally or by proxy.

What about False Statements on Oath in the New Criminal Code?

In Law 1/2023 concerning the Criminal Code, the crime of false information on oath is regulated in Article 291 and Article 373, namely:

Article 291

1. Any person who, based on the provisions of the laws and regulations, must provide information on oath or if such information gives rise to legal consequences, provides false information on oath, either verbally or in writing, carried out personally or by his/her attorney specifically appointed for this purpose as given during the examination. cases in the judicial process, shall be punished with a maximum imprisonment of 7 (seven) years.
2. If the act as intended in paragraph (1) harms the suspect, defendant or opposing party, the penalty can be increased by 1/3 (one third).

Article 373

1. Every person who, based on the provisions of the laws and regulations, must provide information on oath or such information gives rise to legal consequences, provides false information on oath, either verbally or in writing, carried out personally or by his/her attorney specifically appointed for that purpose, shall be punished with a criminal offense. imprisonment for a maximum of 7 (seven) years.
2. The equivalent of an oath as referred to in paragraph (1) is a promise or affirmative statement which is required based on the provisions of statutory regulations or which is a substitute for an oath.
3. Every person as intended in paragraph (1) may be sentenced to additional punishment in the form of revocation of rights as intended in Article 86 letters a, b, c, and/or d.

Related to this, there is an additional penalty in the form of revocation of rights in Article 86 letters a, b, c, and/or letter d of Law 1/2023, namely:

1. the right to hold public office in general or certain positions;
2. the right to become a member of the Indonesian National Army and the Indonesian National Police;
3. the right to vote and be elected in elections held in accordance with statutory provisions; and/or
4. the right to be a guardian, supervisory guardian, guardian, or supervisory guardian over a person who is not his own child .

The untruth of the false information referred to in this provision must be known by the person giving the information.

Legal basis :

1. Criminal Code;
2. Law Number 1 of 2023 concerning the Criminal Code.

References:

1. Adami Chazawi and Ardi Ferdian. Crime of Counterfeiting . Jakarta: RajaGrafindo Persada, 2014;
2. Aldi Indra Tambuwun. Sanctions against witnesses who provide false information on oath based on Article 242 of the Criminal Code concerning False Oaths and False Statements . Lex Privatum, Vol. IV/No. 6/July/2016.