Can the Use of a False Name Lead to Criminal Liability? Legal Consequences under the Indonesian Criminal Code and Personal Data Protection Law

The use of a false name is not merely a matter of concealing one’s true identity. Under certain circumstances, such conduct may constitute a criminal offense, particularly where a false name is used to obtain an unlawful benefit, deceive another person, falsify documents, or unlawfully use another person’s personal data.

Since 2 January 2026, Indonesia’s criminal law framework has been governed by Law No. 1 of 2023 concerning the Criminal Code (“New Criminal Code”), as adjusted by Law No. 1 of 2026 concerning Criminal Law Adjustments. The New Criminal Code has replaced various provisions previously regulated under the former Criminal Code.

Accordingly, under what circumstances may the use of a false name or identity result in criminal liability?

Use of a False Name as Fraud

One of the clearest circumstances involving the use of a false name is regulated under Article 492 of Law No. 1 of 2023, which governs the criminal offense of fraud.

In principle, a person may be subject to criminal liability if, with the intent to unlawfully benefit themselves or another person, they use a false name or false capacity, fraudulent means, or a series of false statements to induce another person to:

• surrender property;
• extend credit;
• acknowledge a debt; or
• discharge a receivable.

Such conduct is punishable by imprisonment for a maximum of 4 (four) years or a Category V fine, which is currently capped at IDR 500 million.

For the offense of fraud to be established, the use of a false name cannot merely consist of providing an incorrect identity. There must be a connection between the false identity or deceptive means employed by the perpetrator and the victim’s subsequent act of surrendering property, extending credit, acknowledging a debt, or discharging a receivable.

Accordingly, an essential element is the existence of a causal relationship between the deceptive means employed by the perpetrator and the victim’s reliance on such deception, which subsequently causes the victim to perform an act resulting in loss.

The Elucidation of Article 492 further explains that the offense of fraud is completed when the injured party performs the act intended by the perpetrator.

What If a False Identity Is Incorporated into an Authentic Deed?

The use of a false identity may also fall within the scope of document forgery, particularly where false information or identity is incorporated into an authentic deed.

The falsification of authentic deeds is regulated under Article 392 of Law No. 1 of 2023.

In principle, document forgery carries more serious legal consequences where it involves documents possessing special evidentiary value, including authentic deeds.

Criminal liability may arise not only for the person who creates or falsifies the relevant document. A person who knowingly uses a forged document or authentic deed as if it were genuine and authentic may also be subject to criminal sanctions where such use is capable of causing loss.

Accordingly, the use of a false name in an official document may give rise not merely to an issue concerning false identity, but may also constitute a criminal offense involving document forgery.

Falsification of Identity in Passports and Immigration Documents

The New Criminal Code also specifically regulates the use of false identities in travel and immigration documents.

Under Article 398 of Law No. 1 of 2023, a person may be subject to criminal liability for unlawfully creating or falsifying:

• a passport;
• a travel document in lieu of a passport; or
• a document issued pursuant to laws and regulations governing permission for foreign nationals to enter and reside in Indonesia.

The provision also covers conduct involving a request for the issuance of such documents under a false name, false given name, or false circumstances, with the intention of using, or causing another person to use, such document as if it were genuine.

Such conduct is punishable by imprisonment for a maximum of 5 (five) years or a Category V fine, which is capped at IDR 500 million.

A person who knowingly uses such false or falsified document as if it were genuine may also be subject to the same criminal penalty.

Use of a False Name from the Perspective of the Personal Data Protection Law

In addition to the Criminal Code, the use and falsification of identity must also be considered from the perspective of Law No. 27 of 2022 concerning Personal Data Protection (“PDP Law”).

Under the PDP Law, a person’s full name constitutes general personal data.

Article 66 of the PDP Law expressly prohibits any person from creating false personal data or falsifying personal data with the intention of benefiting themselves or another person where such conduct may result in loss to another person.

Pursuant to Article 68 of the PDP Law, as adjusted by Law No. 1 of 2026, such conduct may be punishable by:

imprisonment for a maximum of 6 (six) years and/or a Category V fine.

Under the New Criminal Code, a Category V fine is capped at IDR 500 million.

Accordingly, a person who intentionally creates or falsifies an identity for the purpose of obtaining a benefit, where such conduct may cause loss to another person, may potentially be subject to criminal liability not only under the Criminal Code but also under the personal data protection regime.

What If the Perpetrator Uses Another Person’s Identity?

A different legal issue arises where the perpetrator does not merely create a fictitious name but instead uses another person’s name or personal data without lawful authority.

The PDP Law prohibits several forms of unlawful conduct involving another person’s personal data, including unlawfully obtaining or collecting, disclosing, and using personal data.

Following the adjustments introduced under Law No. 1 of 2026, the relevant criminal sanctions include:

1. Unlawfully Obtaining or Collecting Personal DataA person who intentionally and unlawfully obtains or collects personal data belonging to another person with the intention of benefiting themselves or another person, where such conduct may result in loss to the Personal Data Subject, may be subject to imprisonment for a maximum of 5 (five) years and/or a Category IV fine.
2. Unlawfully Disclosing Personal DataA person who intentionally and unlawfully discloses personal data belonging to another person may be subject to imprisonment for a maximum of 4 (four) years and/or a Category IV fine.
3. Unlawfully Using Personal DataA person who intentionally and unlawfully uses personal data belonging to another person may be subject to imprisonment for a maximum of 5 (five) years and/or a Category IV fine.

Pursuant to Article 79 of Law No. 1 of 2023, a Category IV fine is capped at IDR 200 million, while a Category V fine is capped at IDR 500 million.

Corporations May Also Be Held Criminally Liable

Criminal offenses involving personal data are not limited to acts committed by individuals.

Where a criminal offense is committed by a corporation, criminal liability under the PDP Law may, subject to the applicable laws and regulations, be imposed on the corporation as well as certain individuals involved in the offense, including its management, controlling persons, persons giving instructions, and/or beneficial owners.

In addition to criminal fines, a corporation may also be subject to additional criminal sanctions, including:

• confiscation of profits and/or assets obtained from or resulting from the criminal offense;
• suspension of all or part of the corporation’s business activities;
• permanent prohibition from carrying out certain activities;
• closure of all or part of the corporation’s business premises and/or activities;
• performance of obligations previously neglected;
• payment of compensation;
• revocation of licenses; and/or
• dissolution of the corporation.

These provisions demonstrate that the misuse of identity and personal data in the course of business activities may have significant legal consequences not only for individual perpetrators but also for corporations involved in such conduct.

Victims May Seek Compensation

In addition to criminal liability, a person whose personal data has been unlawfully used or misused has the right to seek compensation for violations involving the processing of their personal data.

From a civil law perspective, the affected person may also consider filing a claim based on an unlawful act (perbuatan melawan hukum) under Article 1365 of the Indonesian Civil Code, provided that the elements of an unlawful act, fault, loss, and causation can be established.

Accordingly, the misuse of another person’s identity may potentially give rise to liability under criminal law, personal data protection law, and civil law, depending on the nature and circumstances of the conduct.

Not Every Use of a False Name Automatically Constitutes a Criminal Offense

It is important to emphasize that the mere use of a false name does not automatically constitute a criminal offense.

Criminal liability will depend on the purpose for which the false identity is used, the manner in which it is used, the consequences arising from such use, and whether all statutory elements of the relevant criminal offense are satisfied.

For example, the use of a false name may constitute a criminal offense where it is:

• used to deceive another person into surrendering property, extending credit, acknowledging a debt, or discharging a receivable;
• incorporated into a forged document or authentic deed;
• used to obtain or falsify a passport or immigration document;
• used to create or falsify personal data for the purpose of obtaining a benefit in a manner that may cause loss to another person; or
• used as part of the unlawful use of another person’s personal data.

Therefore, determining the appropriate criminal provision requires more than simply establishing that a person has used a name other than their true name. The context, purpose, manner of use, and resulting consequences are critical in determining the appropriate legal characterization of the conduct.

Conclusion

The use of a false name or identity may give rise to criminal liability under several areas of Indonesian law.

First, where a false name is used as a means of inducing another person to surrender property, extend credit, acknowledge a debt, or discharge a receivable, the conduct may constitute fraud under Article 492 of Law No. 1 of 2023.

Second, where a false identity is incorporated into an authentic deed or certain other documents, the perpetrator may be subject to the criminal provisions governing document forgery.

Third, the use of a false identity in connection with the issuance or use of passports and immigration documents may be subject to Article 398 of Law No. 1 of 2023.

Fourth, where the conduct involves creating or falsifying personal data, or unlawfully using another person’s personal data, the perpetrator may also be subject to criminal liability under the Personal Data Protection Law.

Ultimately, the legal consequences of using a false name depend significantly on how the false identity is used, the purpose for which it is used, and the legal consequences or losses resulting from such conduct.

Legal Basis

1. Indonesian Civil Code (Burgerlijk Wetboek);
2. Law No. 27 of 2022 concerning Personal Data Protection;
3. Law No. 1 of 2023 concerning the Criminal Code;
4. Law No. 1 of 2026 concerning Criminal Law Adjustments; and
5. Government Regulation No. 33 of 2026 concerning the Implementing Regulation of Law No. 27 of 2022 concerning Personal Data Protection.*