Penerapan Pasal 277 UU No. 22 Tahun 2009 Tentang Lalu Lintas Angkutan Jalan Pada Putusan Nomor 71/PID.SUS/2019/PN.PBR

Aptana, Aristawidya (2022) Penerapan Pasal 277 UU No. 22 Tahun 2009 Tentang Lalu Lintas Angkutan Jalan Pada Putusan Nomor 71/PID.SUS/2019/PN.PBR. Masters thesis, Universitas Islam Riau.

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Abstract

The act of modifying is an act of changing the shape of the vehicle to be not as standard in Article 277 of Law Number 22 of 2009 which states that anyone who imports motorized vehicles, trailers, and patch trains into the territory of the Republic of Indonesia. Making, assembling, or modifying a motor vehicle that causes a change in type, trailer, patch carriage and special vehicle operated domestically that does not fulfill the type test obligation as referred to in Article 50 paragraph (1) shall be punished with imprisonment for a maximum of 1 (one) year. or a maximum fine of Rp. 24,000,000 (twenty four million rupiah). However, the crime of modifying motorized vehicles still occurs. The purpose of writing this thesis is to explain the factors that cause the criminal act of modifying The problem of this research is how to apply Article 277 of Law no. 22 of 2009 concerning Road Transport Traffic in Decision Number 71/Pid.Sus/2019/PN.Pbr, What are the considerations of the Panel of Judges in Deciding the Case of Decision Number 71/Pid.Sus/2019/PN.Pbr. The research method is observational research by means of a survey, meaning that the researcher directly conducts research at the location of the research place, while its nature is descriptive. The results of the research and discussion found that the application of Article 277 of Law no. 22 of 2009 concerning Road Transport Traffic in Decision Number 71/Pid.Sus/2019/PN.Pbr is that it cannot be carried out according to the provisions because the defendant who committed a crime by modifying the vehicle which resulted in overdimension and overloading was decided with a fine while imprisonment as determined is not applied directly to the defendant only in the form of a substitute penalty if the fine is not paid is replaced with imprisonment for 2 (two) months, and the consideration of the Panel of Judges in Deciding the Decision Case Number 71/Pid.Sus/2019/PN.Pbr is Article 277 in conjunction with Article 50 paragraph (1) of the Republic of Indonesia Law no. 22 of 2009 concerning road traffic and transportation, where the defendant Iswandi Als A Cua was found guilty of a criminal act of modifying a motorized vehicle that caused a change in type and was sentenced to a fine of Rp. 12,000,000 (twelve million rupiahs) provided that if the fine is not paid, it is replaced with imprisonment for 2 (two) months and the evidence of the vehicle is returned to the defendant. However, if you look at the sentencing, it seems that it is not in accordance with the provisions that regulate because imprisonment is only a substitute punishment, not a principal crime, so that consideration is very light, even though the aggravating thing from his actions is making road facilities and infrastructure damaged.

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