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.