PROBLEMATIKA PRAKTIK PENGURUSAN BPKB DI DITLANTAS POLDA JAWA TENGAH DALAM PERSPEKTIF HUKUM POSITIF DAN FIQH ISLAM

Abstract

This article examines in depth the problems of managing Motor Vehicle Ownership Certificates (BPKB) at the Traffic Directorate (Ditlantas) of the Central Java Regional Police, using a positive law and Islamic Fiqh approach. BPKB is a legal document that serves as proof of legal ownership of motor vehicles and plays an important role in buying and selling transactions, financing, and vehicle legality in Indonesia. Although the management of BPKB has been officially regulated in various regulations, the reality on the ground shows that there are still various obstacles faced by the community, such as a long process, complicated bureaucracy, and unclear management costs. This study examines the process of managing BPKB at the Ditlantas of the Central Java Regional Police, identifies various problems that arise in its implementation, and evaluates the process based on the positive legal framework applicable in Indonesia, and from the perspective of Islamic Fiqh. From a positive law perspective, the management of BPKB is regulated through the Traffic and Road Transportation Law and other supporting regulations that aim to provide legal certainty and protection of community property rights. However, the problems that arise are related to the slow processing process, the high costs charged to applicants, and the lack of transparency in the implementation of services. From the perspective of Islamic Fiqh, BPKB processing must pay attention to principles such as justice, trustworthiness, and transparency. Islamic Fiqh emphasizes that all forms of muamalah, including in terms of public administration, must be carried out honestly and not burden the community. Therefore, good BPKB processing practices according to Islamic Fiqh are those that provide convenience for the community, minimize the potential for fraud, and prioritize transparency and efficiency in their implementation. This article concludes that reform in BPKB processing is very necessary, both in terms of policy and technical implementation in the field. There needs to be a simplification of bureaucratic procedures, reduction of unnecessary costs, and application of technology to speed up the processing process. In addition, strengthening the values of justice and trustworthiness in public services must be the basis for every policy implemented, in order to create a better service system that is in accordance with the principles of positive law and Islamic Fiqh.