Sociological Analysis of Islamic Law Regarding Law Number 22 of 2009 Related to the Sale and Purchase of Vehicles Without Complete Documents

Abstract

This article discusses the sociological analysis of Islamic law on buying and selling vehicles without the complete documents according to Article 68 paragraph 1 of law number 22 of 2009. In this discussion, the authors conducted research because many people buy vehicles without the complete STNK document, which is proof of registration and validation of a vehicle. motorized vehicles based on identity whose ownership has been registered. STNK is issued by SAMSAT, which is a place for issuing or validating services by 3 agencies: the National Police, the Provincial Revenue Service and PT. Raja Service. STNK is the starting point for legal ownership of a motorized vehicle. Therefore, according to the provisions above, what must be met in a used motorcycle transaction should be the same as the first party when buying the motorcycle in a new condition. The documents that must exist and are clear and can be handed over when vehicle transactions are STNK, BPKB and receipts. especially in rural areas where the majority of the population has jobs as oil palm farmers, for oil palm farmers vehicles or motorbikes play an important role in supporting work, especially in transporting crops, this is because the location of community plantations is mostly hilly, this makes people in plantation areas prefer to buy a vehicle without complete documents because it is only used to go to the garden and also the price is relatively cheaper than having to buy a vehicle that has complete documents. Judging from the problems above, there is a big risk lurking in the community because of buying a motorbike without complete documents. Even though not all motorcycles without complete documents are the result of a crime, however, as a buyer, you cannot be sure whether the motorcycle is the legal property of the seller, what if the motorbike is not the legal property of the seller, then what about the buying and selling process? interpreted by the transfer of property rights from the seller to the buyer, whereas in this case the seller cannot be ascertained as the legal owner of the goods being traded, but if we look at it from a fiqh point of view, of course, buying and selling like this is prohibited because one of the legal conditions for buying and selling is that the goods must belong to itself and also by law buying and selling like this is also prohibited because vehicles without the complete documents are considered fraudulent vehicles which of course can lead to criminal sanctions.