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Using Fake Number Plates Can Be Charged with This Penalty

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Using Fake Number Plates Can Be Charged with This Penalty

Using Fake Number Plates Can Be Charged with This Penalty
Bernadetha Aurelia Oktavira, S.H.Si Pokrol
Si Pokrol
Bacaan 10 Menit
Using Fake Number Plates Can Be Charged with This Penalty

PERTANYAAN

What is the law on motorcycle riders using fake number plates a.k.a not from the official police? Thank you.

DAFTAR ISI

    INTISARI JAWABAN

    It is common in traffic to encounter motor vehicle users using fake number plates, including foreigners who use phony number plates that have recently gone viral. This act is of course against the law. So, do fake number plates get a ticket? How much is the fine for fake number plates?

    Please read the review below for a further explanation.

    ULASAN LENGKAP

    This article is an English translation of Nekat Pakai Pelat Nomor Palsu Bisa Dijerat Pidana Ini written by Bernadetha Aurelia Oktavira, S.H., and was published on Thursday, 9 March 2023.

    This article below is an update of the article entitled Penalties for Users of Fake Number Plates (Hukuman bagi Pengguna Pelat Kendaraan Nomor Palsu) which was first written by Tri Jata Ayu Pramesti, S.H. and was first published on Monday, 24 March 2014. 

    All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

    Provisions on Vehicle Number Plate

    In the practice of traffic, it is not uncommon to find various traffic violations. Not only Indonesian Citizens (Warga Negara Indonesia/ “WNI”), but traffic violations are also committed by Foreign Citizens (Warga Negara Asing/ "WNA") or foreigners. One of the most common violations is the use of fake number plates. As recently gone viral, a number of photos have been captured that show foreigners using fake number plates.

    It should be noted that the provisions on vehicle number plates under Law 22/2009 are known as Number Plates/ License Plates. Every motor vehicle which is operated on the road must be equipped with a Vehicle Registration Certificate (Surat Tanda Nomor Kendaraan/ “STNK”) and a Number Plate (Tanda Nomor Kendaraan Bermotor/ “TNKB”).[1]

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    Number Plates contain area code, registration number, and validity period and must fulfill the requirements of shape, size, material, color, and installation method.

    Further provisions on Number Plates are regulated under the Regulation of the Indonesian National Police 7/2021.

    According to Article 1 number 11 Regulation of the Indonesian National Police 7/2021, Number Plates or TNKB is a registration and identification mark of a motor vehicle that functions as proof of the legitimacy of the operation of a motor vehicle in the form of plates or other materials with certain specifications issued by the Indonesian National Police. From this, it is clear that official Number Plates are only issued by the Indonesian National Police.

    As an information, the black-and-white license plate has now been applied. What is a black-and-white plate? The colors of Number Plates are currently:[2]

    1. white, black writing for motor vehicles used by individuals, legal entities, Foreign State Representatives (Perwakilan Negara Asing/ “PNA”), and international agencies;
    2. yellow, black writing for public motor vehicles;
    3. red, white lettering for government agency motor vehicles; and
    4. green, black writing for motor vehicles in free trade areas that obtain import duty exemption facilities and based on the provisions of laws and regulations.

    Criminal Sanctions for the Use of Fake Number Plates

    Therefore, if asked if it is allowed to use fake number plates? Of course, the use of fake number plates which are not issued by the Indonesian National Police is illegal and invalid, as well as the imposition of fines. How much is the fine for fake number plates? This is explicitly stated in Article 280 Law 22/2009 as follows.

    Any person who drives a Motor Vehicle on a Road that is not affixed with a Number Plate determined by the Indonesian National Police as referred to in Article 68 section (1) shall be subject to imprisonment for a maximum of 2 (two) months or a maximum fine of IDR 500,000. 00 (five hundred thousand rupiahs).

    Therefore, will fake number plates be ticketed? Regarding this matter, it is necessary to refer to the provisions on the examination of motor vehicles on the road, one of which is the examination of Number Plates which in Article 4 section (3) Government Regulation 80/2012 includes:

    1. technical specifications of vehicle number marks;
    2. validity period; and
    3. authenticity.

    In relation to the authenticity of a number plate, a motor vehicle operated on the road without a valid Number Plate in accordance with the relevant Vehicle Registration Certificate/STNK or phony license plate is a criminal act which can be prosecuted by issuing a ticket.[3]

    Thus, in answer to your question, traffic violations in the form of using fake number plates, including foreigners who use fake number plates, can be sentenced to imprisonment for a maximum of 2 months or a maximum fine of IDR 500,000.

    Enrich your legal research with the latest bilingual legal analysis, as well as the collection of regulatory translations integrated into Hukumonline Pro, click here to learn more.

    These are the answers we can provide, we hope you will find them useful.

    Legal Basis:

    1. Law Number 22 of 2009 on Traffic and Road Transportation;
    2. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation;
    3. Regulation of the Government Number 80 of 2012 on Motor Vehicle Examination Procedures on Road and Procedures for Traffic and Road Transportation Violations;
    4. Regulation of the Indonesian National Police Number 7 of 2021 on Motor Vehicle Registration and Identification.

    [1] Article 68 section (1) Law Number 22 of 2009 on Traffic and Road Transportation (“Law 22/2009”).

    [2] Article 45 section (1) Regulation of the Indonesian National Police Number 7 of 2021 on Motor Vehicle Registration and Identification (“Regulation of the Indonesian National Police 7/2021”).

    [3] Article 24 section (3) and the Elucidation Regulation of the Government Number 80 of 2012 on Motor Vehicle Examination Procedures on Road and Procedures for Traffic and Road Transportation Violations (“Government Regulation 80/2012”).

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