False testimony in court is given under oath according to one’s religion, in which the testimony is given truthfully and nothing but the truth as one of the pieces of evidence used by the judge to examine and adjudicate a case. If a witness gives false testimony in court, they may be subject to criminal charges under Article 242 of the Indonesian Penal Code or Article 291 of Law No. 1/2023 or Article 373 of Law No. 1/2023.
Article 242 of the Indonesian Penal Code
- Whoever, in circumstances where the law requires giving testimony under oath or attaches legal consequences to such testimony, intentionally gives false testimony under oath, whether orally or in writing, personally or by their specifically appointed representative, shall be punished with imprisonment for a maximum of 7 years.
- If false testimony under oath is given in a criminal case and harms the defendant or suspect, the guilty party shall be punished with imprisonment for a maximum of 9 years.
- A promise or affirmation required by general rules or serving as a substitute for an oath shall be considered equivalent to an oath.
Article 291 of Law No. 1/2023
- Any person who, based on the provisions of statutory regulations, must give testimony under oath or where such testimony has legal consequences, gives false testimony under oath, whether orally or in writing, whether by themselves or by their specifically appointed representative, given in the examination of a case in judicial proceedings, shall be punished with imprisonment for a maximum of 7 years.
- If the act as referred to in paragraph (1) harms the suspect, defendant, or opposing party, the penalty may be increased by one-third.
Article 373 of the Indonesian Penal Code
- Any person who, based on the provisions of statutory regulations, must give testimony under oath or where such testimony has legal consequences, gives false testimony under oath, whether orally or in writing, whether by themselves or by their specifically appointed representative, shall be punished with imprisonment for a maximum of 7 years.
- A promise or statement that strengthens the obligation required by statutory regulations or serves as a substitute for an oath shall be considered equivalent to an oath as referred to in paragraph (1).
False testimony is a formal offense, meaning that the offense of false testimony is considered complete/fulfilled upon the commission of the acts specified in the formulation of the offense.
Article 174 of the Criminal Procedure Code (KUHAP) stipulates that if a witness’s testimony under oath in court is suspected or alleged to be false/untrue, the presiding judge shall earnestly warn the witness to provide truthful testimony and convey the criminal penalty for giving false testimony. If the witness persists in their testimony, the presiding judge or upon request of the public prosecutor or the defendant (through their legal counsel) may order the witness’s detention. Subsequently, the Substitute Clerk of the Court will prepare a hearing examination report signed by the presiding judge and the clerk, which will then be handed over to the Public Prosecutor to prosecute the case with charges of perjury.
In practice, when a judge believes that a witness is lying, the presiding judge will adjourn the session to consult with the other judges, and if a consensus is reached, the panel of judges will issue a decision stating that the witness provided false testimony and instruct the public prosecutor to prosecute the witness with perjury charges.
When considering whether a witness gave false testimony in court, the panel of judges must carefully consider (Article 185 paragraph (6) of the Criminal Procedure Code):
- Consistency between the witness’s testimony and that of other witnesses;
- Consistency between the witness’s testimony and other evidence;
- Possible reasons the witness may have for providing certain testimony (e.g., job demands/position);
- The witness’s lifestyle, morality, and any other factors that generally affect the credibility of the testimony.
If there is no court decision declaring that the witness provided false testimony, but based on the available evidence, it is evident that the witness gave false testimony, can it be reported to the police?
The witness can be reported to the authorities, as in some court decisions adjudicating perjury in court without a judge’s ruling, as follows:
- Decision No. 116/Pid/2015/PT.KPG, which annulled Interim Decision No. 158/Pid.B/2015/PN Kpg. In the said interim decision, the examining judge assessed that, referring to Article 174 of the Criminal Procedure Code (KUHAP), the imposition of Article 242 of the Indonesian Penal Code (KUHP) on the defendant must be through a judge’s ruling, thus there was a procedural defect. However, the examining judge at the appellate level found that the witness (who was also the defendant) had met the elements of Article 242 of the Indonesian Penal Code.
- Decision No. 211/Pid.B/2012/PTR, where the Defendant (who was previously a witness in a previous trial) gave false testimony in court by stating that they did not owe any debt to the Defendant in the previous trial (Sulaiman Harahap), resulting in Sulaiman Harahap being sentenced to imprisonment. The Defendant later apologized and made a statement before a Notary stating that they did owe a debt to Sulaiman Harahap. The panel of judges declared the Defendant to be proven legitimately and convincingly guilty of the crime of giving false testimony under oath and sentenced them to 11 years’ imprisonment.
However, there is no need to worry. If indeed the Witness suspected of providing false testimony feels that the testimony given is true/not false, but in the end, the testimony is not true, in other words, the Witness actually does not know what is truly true, then the Witness cannot be punished.
Therefore, if you are called to be a witness in a trial, you should provide truthful testimony/without any additions/exaggerations, and if indeed the Witness feels that the testimony given is true/not false (not added or confused), then referring to the principle of presumption of innocence, the Witness must prove it in court.
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