ASAS LEGALITAS DALAM TINDAK PIDANA PEMALSUAN TIKET: Studi Putusan PN Ponorogo No. 43Pid.B/2024

Abstract

This research is grounded in the growing issue of concert ticket forgery in Indonesia, particularly amid the expansion of digital technology. A notable example is the District Court of Ponorogo Decision No. 43/Pid.B/2024 concerning the forgery of “Asli Ponorogo Fest Vol.2” concert tickets. The study aims to examine the application of the legality principle within this verdict and to evaluate Indonesia’s criminal law policies, both in the context of existing law (ius constitutum) and the prospective legal framework (ius constituendum). The research employs a normative juridical method using a case study and qualitative analysis of legal norms, doctrines, and court decisions. The findings reveal that the judges applied the legality principle appropriately under Article 1 paragraph (1) of the Criminal Code, upholding lex scripta, lex stricta, and lex praevia without resorting to analogical interpretation. Nonetheless, Article 263 of the Criminal Code is considered inadequate in addressing contemporary crimes such as e-ticket and ghost ticket forgery. Hence, legal reform is required through the expansion of the term “document” to encompass electronic data and the creation of a specific law governing ticketing-related offenses. The study concludes that Indonesia’s criminal law system should evolve toward a hybrid model integrating modern legality principles with digital transaction protection to ensure legal certainty and justice in the technological age.