IF A PERSON BUYS A MOTOR VEHICLE WITHOUT LEGAL VEHICLE DOCUMENTS, SUCH PERSON SHOULD DESERVE TO SUSPECT THE VEHICLE IS FROM A CRIME
Article 480-1 of the Criminal Code states that committing certain acts, which include selling and buying, of goods that are known or reasonably suspected to originate from criminal acts, are categorized as crimes of collection. However, the Criminal Code does not provide limitations or explanations on the condition of goods such as what can be said to be reasonably suspected of originating from a criminal act, including goods in the form of motorized vehicles. This condition causes uncertainty about when a person can be said to have sold or bought a motorized vehicle which should be suspected of originating from a criminal act, so that he can be punished under this article.
Regarding these problems, the Supreme Court has consistently argued that if a motorized vehicle is obtained without a vehicle certificate, then it is reasonable to suspect that the motorized vehicle was obtained from a criminal act. This view can be found in Decision No. 1586 K/Pid/2011(Ropiah) and 1750 K/Pid/2012 (Chandra Kirana) which stated that the Defendant was aware of this and should suspect that the motorbikes were the proceeds of crime because there were no valid documents.
–> Supreme Court Decision No. 1586 K/Pid/2011 and Indonesian Supreme Court Jurisprudence No. 3/Yur/Pid/2018.
Source:
https://putusan3.mahkamahagung.go.id/yurisprudensi/detail/11eae848e7444d10c04c313633373230.html
Best regards,
Fredrik J. Pinakunary