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Tinjauan Hukum Terhadap Pelaku PenjualanMobil Ilegal Di Kota Gorontalo

Tanggal Upload: 29/05/2025

Penulis / NIM:
ADITYA ZULFIKAR ILANUNU / H1118043

Program Studi:
S1 Ilmu Hukum

Tahun Akademik:
2024

Kata Kunci:
Judicial, Legitimacy, Seizure, Vehicle, Traffic

Abstrak:

The objectives of this research are to (1)Determine the judicial review of the legitimacy of motor vehicleseizure in traffic violation crimes, and (2) Identify the conditionsfor the legitimacy of motor vehicle seizure in traffic violationcrimes.The results of this research indicate that: (1) Thelegitimacy of motor vehicle seizure related to traffic violationcrimes is regulated by criminal procedural law, especially theCriminal Procedure Code (KUHAP). Article 1 point 16 KUHAP.Second, Court Order The process of seizing motor vehicles fortraffic violation crimes must be supported by a court order.Article 33 paragraph (1) KUHAP states that seizure can only becarried out by investigators with the permission of the localdistrict court chairman. (2) The conditions for the legitimacy ofmotor vehicle seizure related to traffic violation crimes are, first,the Letter of Assignment. In the context of motor vehicle seizurerelated to traffic violation crimes, the legitimacy of the seizuredepends on the existence of the letter of assignment. Second,Article 22 paragraph (1) KUHAP stipulates that places of motorvehicle inspection on the road, whether periodic or incidental,must be equipped with signs indicating the inspection.Based on the results of this research, it is recommendedthat: (1) The public should understand that the application of thearticle regarding the seizure of motor vehicles by the policeshould not only refer to the Criminal Procedure Code but alsorefer to Traffic Law No. 22 of 2009 as a condition for thelegitimacy of the seizure. (2) The police, in conducting roadinspections, should be required to display signs indicating thatinspections are carried out in accordance with the provisions ofthe law.
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