Abstrak :
Ratio Decidendi or judge's legal considerations is one very important aspect to realize
the value of a judge's decision that contains justice (ex aequo et bono) and contains
legal certainty, besides that there are also benefits for the parties concerned so that the
judge's considerations must be addressed carefully, well, and carefully. The proof
system in criminal cases in Indonesia is a negative legal based proof system where
proof must be based on the law (Article 183 of the Criminal Procedure Code) that is,
with at least two valid pieces of evidence the judge gains confidence that a criminal
act has actually occurred. and that the defendant was guilty of committing it.
Currently, the world is facing the threat of the Covid-19 virus outbreak that attacks
humans, so the Indonesian government takes a serious policy to suppress the spread of
this virus by carrying out regional restrictions. The birth of this policy has led to
crimes, one of which is the crime of counterfeiting a Covid-19 health certificate. This
study was conducted with the aim of analyzing the ratio decidendi of judges in the
criminal act of counterfeiting a Covid-19 health certificate in Indonesia. The type of
legal research method used is normative juridical with a prescriptive type of research
specification. In particular, for those who provide fake doctor's certificates to be
traded to people who want to travel in the midst of the Covid-19 outbreak, they can be
subject to criminal sanctions based on Article 268 of the Criminal Code so that the
perpetrators can be threatened with a maximum sentence of 4 (four) years prison. The
results of the study show that the proof of the criminal act of falsifying the Covid-19
test results is by presenting witness statements, letters, and statements from the
defendant. Then on the ratio decidendi judges in deciding based on juridical and non-
juridical aspects in the form of sociological and philosophical aspects.
Keyword: Ratio Decidendi, Evidentiary, Letter Forgery Crime.
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