Nyimas Enny Fitriya Wardhany
Fakultas Hukum Universitas Batanghari Jambi

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Sanksi Pidana Terhadap Pengemudi Kendaraan Bermotor Tanpa Dilengkapi Surat Tanda Nomor Kendaraan di Wilayah Hukum Kabupaten Tanjung Jabung Barat R.M Ferry Irawan; Bunyamin Alamsyah; Nyimas Enny Fitriya Wardhany; Iman Hidayat
Legalitas: Jurnal Hukum Vol 18, No 1 (2026): Juni
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v18i1.1385

Abstract

Motor vehicle drivers without a Vehicle Registration Certificate (STNK) in the Tanjung Jabung Barat Regency area have increased over the past 3 years, which prompted interest in conducting research in the form of a thesis aimed at understanding and analyzing criminal sanction enforcement, obstacles, and efforts against motor vehicle drivers without a Vehicle Registration Certificate in the Tanjung Jabung Barat Regency area. The research method used is Empirical Normative Juridical. The enforcement of criminal sanctions against motor vehicle drivers without a Vehicle Registration Certificate in the Tanjung Jabung Barat Regency area begins with the seizure of those who cannot show the Original STNK, with the vehicle being immediately towed and stored at the Satlantas Polres Tanjung Jabung Timur, accompanied by a seizure report (BAP). For drivers who can show the original vehicle registration certificate (STNK) or a photo of the original STNK, they are still given traffic fines after verification. The challenges faced by the Tanjung Jabung Barat Police in enforcing criminal sanctions against motor vehicle drivers without a Vehicle Registration Certificate in the Tanjung Jabung Barat area include: the driver themselves, the law enforcers, in this case, the lack of supervision from relevant parties or coordination, such as the SAMSAT of Tanjung Jabung Barat, limited vehicle storage space at the Traffic Unit of Tanjung Jabung Barat Police, insufficient socialization and legal counseling to the public, lack of legal awareness and ethics, and some people still thinking that criminal sanctions have no deterrent effect because they can be paid via e-ticketing with a maximum amount of Rp. 500,000 (five hundred thousand rupiah). Efforts carried out by the Tanjung Jabung Barat Police in enforcing criminal sanctions against motor vehicle drivers without Vehicle Registration Certificates in the Tanjung Jabung Barat Regency legal area include adding personnel to the Tanjung Jabung Barat Traffic Unit, increasing police discretion to reduce congestion at the traffic unit, enhancing cooperation with the Tanjung Jabung Barat SAMSAT to speed up vehicle tax payments and STNK validation, socializing and providing legal counseling about the importance of STNK and the criminal sanctions regulated in the Road Traffic Law. It requires the role and cooperation of the community to comply with and adhere to the mandatory rules for having an STNK in addition to a driving license, helmet, and other rider safety measures. The suggestions put forward include the need to increase the number of personnel and infrastructure in the Traffic Unit of Tanjung Jabung Barat Police, the need for synergy between Tanjung Jabung Barat Police and SAMSAT Tanjung Jabung Barat regarding the importance of vehicle registration (STNK) and speeding up the bureaucracy for tax payments and registration verification, and increasing socialization and legal counseling to the public that driving without a valid STNK is a traffic violation and carries criminal sanctions as regulated in the traffic and road transport law.
Perlindungan Hukum Korban Penipuan Transaksi Jual Beli Online Melalui Pidana Tambahan Ganti Kerugian Dalam Undang-Undang Informasi dan Transaksi Elektronik Nyimas Enny Fitriya Wardhany; Iman Hidayat
Legalitas: Jurnal Hukum Vol 17, No 2 (2025): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v17i2.1260

Abstract

As a form of the state's commitment in responding to the development of information and communication technology, which has given rise to various forms of cybercrime, including fraud in online buying and selling transactions, the government enacted Law Number 19 of 2016 as an amendment to Law Number 11 of 2008 on Information and Electronic Transactions (ITE Law). This regulation serves as the main legal basis for combating crimes arising from the use of electronic systems, particularly online transaction fraud, which is governed by Article 28 paragraph (1) in conjunction with Article 45A paragraph (1) of the ITE Law. However, in practice, the ITE Law focuses more on punishing the perpetrators and does not yet provide comprehensive regulation regarding the protection of victims, especially concerning the provision of compensation in the form of restitution. Research results indicate that in various court decisions concerning online sales fraud cases, judges generally only impose the main criminal penalty on the perpetrators without ordering restitution payments to the victims. This is closely related to the fact that restitution is still considered optional within the Indonesian criminal law system, as reflected in the provisions of Articles 98–101 of the Criminal Procedure Code (KUHAP) and Article 1365 of the Civil Code (KUHPerdata), as well as the limitation of restitution to certain criminal acts under the Witness and Victim Protection Law. In fact, restitution is an important instrument in realizing restorative justice, which focuses on compensating the victims. Therefore, regulating restitution as a mandatory additional penalty under the Electronic Information and Transactions Law (UU ITE) becomes urgent to ensure that victims’ rights are fulfilled fairly and proportionately within the criminal justice system