PDA

View Full Version : signature forgery law



nobody special
13-10-11, 22:15
What are the punishments for signature forgery in Indonesia? where can I find details of this law

atlantis
14-10-11, 09:00
You have to elaborate more about the case if you want a precise answer.
Forgery of writings are usually adressed in the chapter XII of the Kitab Undang-Ungang Hukum Pidana which is about Pemalsuan Surat.

nobody special
14-10-11, 10:42
I am being falsely accused of and punished for breach of contractual agreement. However, the signature of the person in the letter of accusation is falsified. The same person had signed the original contract. I got the signatures in the original contract and letter fo accusation verified by a certified graphologist and confirmed signature forgery. Now I want to know what action could be taken and how? Should I report to the police or should I take legal action against the person who has issued the accusation letter?

The punishment that I suffered for the false accusation is severe. I lost my job because of that.

kingwilly
14-10-11, 12:56
I am being falsely accused of and punished for breach of contractual agreement. However, the signature of the person in the letter of accusation is falsified. The same person had signed the original contract. I got the signatures in the original contract and letter fo accusation verified by a certified graphologist and confirmed signature forgery. Now I want to know what action could be taken and how? Should I report to the police or should I take legal action against the person who has issued the accusation letter?

The punishment that I suffered for the false accusation is severe. I lost my job because of that.

If the person who wrote and signed the accusation letter is not the same person as who wrote the contract, then how do you know who they are ?

nobody special
14-10-11, 14:26
The original contract was handed over to me by the front office staff. The contract was signed by someone with name x (his designation and address was also printed). He works from Singapore office. The accusation of breach of contract was handed over to me by staffs of the same office in Indonesia and this letter was also signed by the same x. But x's signature in this letter is similar but not the same. Initially I was concentrating more on convincing them that there is no breach of contract and somehow overlooked the signature in the accusation letter.

atlantis
14-10-11, 15:57
I may be wrong, but I believe that it is a problem which is more relevant to nakertrans than from a penal court of justice.

kingwilly
14-10-11, 17:52
I got the signatures in the original contract and letter fo accusation verified by a certified graphologist and confirmed signature forgery.


But x's signature in this letter is similar but not the same.

Is there a reason you did not just ask X if he signed both contract and letter ?

I know my signature is not always the same.

nobody special
14-10-11, 17:53
The problem is not relevant to nakertrans. The problem is due suspicion raised by means of a letter of accusation. I read and understood chapter XII of the Kitab Undang-Ungang Hukum Pidana. Now, my question is where to report penal code violations? Should I report it to the police or should I sue those people who handed over the letter of accusation?

Kratos
14-10-11, 20:38
outta justice case,
You should report to x...the victim of the forgered signature....
I've read your case, its still too vague to report to the police or sue someone. Not many Officials here are that bright and having that kind of integrity yet....

If x do not bother about the letter...you better back off...

atlantis
15-10-11, 00:52
You should report to x...the victim of the forgered signature....
I've read your case, its still too vague to report to the police or sue someone.
Exactly. This is why I said that, if there is a case, it would be more with nakertrans that he may have some luck about the breach of contract.

@ nobody special: There is always a sizeable difference in between theory and practice. You have read the chapter on forgery of writings, which is a good first step. However, as in many place in the world, to have a serious case you have to have at least two means of proofs to produce. What do you have? The testimony of a graphologist? It ain't enough to have a case go to court. Without having at least two witnesses testifying that the signature has been forged and/or a complaint of the person whose signature has been forged, there ain't no case. Hence the nakertrans alternative. I doubt that you would go anywhere with the police without a serious case in hand.

tomjerry
15-10-11, 09:16
Hi,

Maybe someone can help me find, what rights do we have under indonesia manpower?
I need to find the law that, what company has to do for us as workers under indonesia law.
Say if i have kitas with 8 mths left and the company turns around after 4 mths and said sorry we have no money, does the company be law have to pay that 8 mths to me?

nobody special
15-10-11, 09:22
Can you please start a new thread with your question tomjerry?

With respect to integrity of officials, I understand - I have heard a lot about that and more or less convinced that it is not easy to get justice

Just trying to understand - two witnesses testifying that the signature has been forged. I guess, I am missing some information here....

Is there any specific qualification the witnesses should possess? What I am trying to understand is this:

By looking at the original signature and the forged one, anyone can figure out that the signature in the letter of accusation has been forged. Generally, a witness can testify those facts which are derived from his own perception. In that case, producing witnesses to testify the difference in signature would not be a problem. Also expert witness's (handwriting expert) statements can also be produced.

As I mentioned before, this is not related to nakertrans. All I need to prove is that allegation with respect to breach of some business contract is a falsified accusation and because it is a "made up" accusation, they could not even get the letter of accusation signed by the right person.

voa_question
15-10-11, 12:40
nobody special,

Even though not all forgery cases are considered actionable, in your case since you have suffered substantial loss (losing your job) I guess, prosecution is reasonable. Anyhow, you have to check with a lawyer. Again, I guess 2 witnesses to testify signature forgery would be required only if you do not have the original signature. As far as I understand, if you have the original signature and the expert witness's certification that would suffice to prove forgery, even though there is no guarantee that justice will be served.

nobody special
15-10-11, 14:53
Thanks voa_question for not advising me to suffer the injustice
I will check with a lawyer and do the needful