Article 30 paragraph (4) of the 1945 Constitution of the Republic of Indonesia implies that the police must play a role in investigating the crime of forging motor vehicle documents. This study aims to evaluate and identify that current law enforcement regulations are not based on the value of justice, to highlight weaknesses within these regulations, and to reconstruct them to ensure fairness. The research applies Yudi Latif's theory of Pancasila justice, welfare state theory, Lawrence M. Friedman’s legal system theory, and Satjipto Rahardjo’s progressive legal theory, using a constructivist paradigm, socio-legal research approach, descriptive analysis, and qualitative data from primary and secondary legal materials collected through field and literature studies. Findings indicate that existing regulations, particularly Articles 259(2), 261, and 262 of Law No. 22 of 2009 on Lalu Lintas dan Angkutan Jalan (Road Traffic and Transportation), lack clarity regarding investigative authority between the Criminal Investigation Unit (Reskrim) and the KORLANTAS Unit, especially concerning the forgery of STNK and BPKB documents. Weaknesses include unclear investigative authority, limited numbers of competent officers, inadequate professionalism among POLRI investigators, insufficient facilities, and low public awareness in reporting document forgery. The study proposes reconstructing Article 259(2) to explicitly assign investigative roles to KORLANTAS, revising Article 261 to clarify coordination authority, and adding a new provision under Article 262 to define the authority of KORLANTAS assistant investigators in overseeing investigations and reporting systems.
Yuliansyah et al. (Tue,) studied this question.