PUTUSAN PIDANA PENGADILAN NEGERI MAKASSAR NO. 6040/PID/B/2003/PN/MAKASSAR SEBAGAI BUKTI KEPEMILIKAN KENDARAAN BERMOTOR
Abstract
Trading is the legal act that has been regulated in the Article 1457 of BW, the
main goal is to move the right of the good of the seller to the buyer. Sell is about to
put on the right and duty of the seller and buyer. One of the seller’s obligation is to be
responsible for his goods that he sell from hidden damage which has been regulated in
the artcile 1491 of BW. It is so often that buyer with good willingness purchase the
goods from the seller which in the future the goods that he sold are not his or in other
words the goods that has been related to crime. One of the case which has been
related with this issue is the case of Ricky Tandi that bought Silver Car Toyota Kijang
with License No DD 182 DW from H.M Natsir, which known later that the document
has been rejected from the SAMSAT MAKASSAR because there are the indication
that the document is fake. This case has been verdict inchracht by the Pengadilan
Negeri No.6040/PID/2003/PN/MAKASSAR.
The Formulation Problem in this thesis is whether the verdict of Pengadilan
Negeri Makassar No.6040/PID/2003/PN/MAKASSAR can be used by Ricky Tandi to
passed the ownership of the Toyota Kijang back to his own? This thesis is using the
type of research of study in accordance with the characteristic of a nomative juridical
science law, with syllogistic deduction. The Material that been used include the
primary and secondary legal material. Based on the result of research is concluded
that Ricky Tandi as the good willing buyer should be protected by the law and with
existance of the verdict of Pengadilan Negeri Makassar
No.6040/PID/2003/PN/MAKASSAR can be used as an evidence that Ricky Tandi is
the rightful owner of the car, so that the arrangement of letter and document as well as
the car invoice can be continued and be use for his own right.