Riders Must Bring STNK to Avoid Getting Ticketed Under Article 288 Paragraph 1

Article 288 Paragraph 1 is a traffic regulation that explains the completeness while driving. Drivers who do not comply with traffic rules can be penalized under this article. 

As stated in Law No. 22 of 2009, concerning Traffic and Road Transportation, the completeness of driving for motorcycle or car drivers is as follows. 

Car Drivers 

1. Seatbelt 

2. Safety triangle 

3. Jack 

4. Wheel wrench 

5. Safety equipment 

Motorcycle Riders 

1. Rearview mirror 

2. Headlight 

3. Horn 

4. SNI standard helmet 

In addition to the driving requirements above, the most important thing is to ensure you have a valid Driver's License (SIM) according to the regulations. For example, SIM A for four-wheeled vehicle drivers or cars and SIM C for two-wheeled vehicles. 

Specifically in Article 288 Paragraph 1, it is explained that it is mandatory to carry a valid STNK (Vehicle Registration Certificate) for the vehicle used. It should be noted that Article 288 Paragraph 1 states the following. 

"Every driver who is not equipped with a Motor Vehicle Registration Certificate (STNK) or a Motor Vehicle Trial Certificate (STCK) is punishable by imprisonment for a maximum of 2 months or a fine of up to Rp 500,000". 

For those who are not familiar with the term STCK, this document is a temporary vehicle registration letter issued by SAMSAT and the police for new vehicles before obtaining a license plate and official STNK. 

In simple terms, when you buy a new motorcycle or car, the police will not immediately provide the STNK and TNKB. Obtaining these documents requires a process that takes some time. 

Therefore, this letter can be used temporarily so that you can use the vehicle on the road before obtaining the STNK. It should be remembered that the validity period of this letter is only one month. Considering that the requirements and procedures for obtaining STCK are somewhat complicated, it is better to wait for the official STNK to be issued before freely using the vehicle on the road. 

Returning to the discussion of Article 288 Paragraph 1, the regulation states that drivers who are not equipped with STNK can be punished with imprisonment for a maximum of two months or a fine of up to Rp 500,000. Not only that, if during a vehicle raid several violations are found at once, layered charges can be imposed, and the vehicle can be seized. 

Authorized officers have the right to seize vehicles as evidence of violations. This policy is already included in Article 260 Paragraph 1d, Law No. 22 of 2009, regarding the enforcement of violations and criminal investigations, where traffic police are authorized. 

"Seizing Driver's Licenses, motor vehicles, vehicle loads, Vehicle Registration Certificates, Trial Vehicle Certificates, and/or passing test certificates as evidence". 

There are several factors that lead to the seizure of vehicles by law enforcement or police officers. 

1. Motor vehicles are not equipped with valid STNK at the time of inspection. 

2. The driver does not have a SIM. 

3. There are violations of technical and roadworthy requirements.

4. Motor vehicles are suspected to be the result of criminal acts or used for criminal acts.

5. Motor vehicles are involved in traffic accidents that result in casualties or serious injuries. 

It can be concluded from points one and two that if the offender is proven to have committed two violations, the vehicle can be seized by the police as evidence. Such enforcement often reveals the identity of a vehicle. 

If a vehicle does not have a valid STNK, especially if the tax has been expired for years, then the vehicle is classified as unfit for use and is suspected to be the result of motor vehicle crimes such as theft. 

Author: Dinno Baskoro