Awang Long Law Review
Vol. 9 No. 1 (2026): Awang Long Law Review

A JURIDICAL ANALYSIS OF THE FORGERY OF A CHILD'S CIVIL REGISTRATION DOCUMENT AND THE OMISSION OF ITS STATUS

Moh Faiz Al Amin (UIN Walisongo Semarang)
Briliyan Ernawati (Unknown)
Daud Rismana (Unknown)



Article Info

Publish Date
12 Oct 2026

Abstract

The forgery of civil registration documents in the practice of child trafficking disguised as illegal adoption is a legal issue that concerns the authenticity of the document and impacts the protection of a child’s identity and rights. This study aims to conduct a legal analysis of the forgery of the KIA booklet and birth certificates in Case No. 23/Pid.Sus/2025/PN Wat at the Wates District Court, as well as to analyze criminal liability for the acts of forgery that not included in the indictment or the judgment. This study utilizes a normative legal research method using both a statutory approach and a case-based approach. Legal materials were analyzed using a descriptive-analytical method by examining relevant laws and regulations, court decisions, legal doctrine, and legal literature. The results indicate that the acts of creating and using a fake KIA booklet and birth certificate that do not correspond to the actual facts can legally be categorized as the criminal offense of document forgery under Article 263 of the old Criminal Code. Alternatively, Article 391 of the National Criminal Code may apply if the acts occurred after the National Criminal Code came into effect. Meanwhile, the application of Article 93 of the Population Administration Law cannot be deemed fully satisfied because the Facts established at trial did not show the use of forged documents submitted to the related agencies for the purpose of population registration reports. The forgery served a functional role as a means to conceal the child’s identity and origins for child trafficking purposes. However, since the criminal offense of document forgery was not included in the indictment, the judge could not impose a sentence for that act, and the judgment only addressed the criminal offenses charged by the public prosecutor.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...