LEGAL REVIEW OF THE CRIMINAL ACT OF FRAUD IN CAR SALES AND PURCHASE TRANSACTIONS BASED ON ARTICLE 492 OF THE NATIONAL CRIMINAL CODE ( LAW NUMBER 1 OF 2023)

Fraud in car sales transactions has evolved into increasingly complex forms, both conventional and digital, often blurring the line between criminal acts and civil breaches. This study aims to analyze the application of Article 492 of the National Criminal Code to ensnare perpetrators of car sales fraud and to evaluate the effectiveness of law enforcement in recovering victims' losses. Through legal analysis, this study found that the application of Article 492 of the National Criminal Code emphasizes proving mens rea (evil intent) that must exist from the beginning of the transaction, manifested through deception, false identities, or fabrication of the vehicle's condition. However, current law enforcement faces significant obstacles in the area of digital evidence and a slow, bureaucratic asset confiscation process, thus failing to provide adequate redress for victims. Therefore, this study recommends regulatory reform through three strategies: the implementation of Vehicle History Reports as a deterrent, the imposition of absolute liability (vicarious liability) on digital platform providers, and the adoption of a non-conviction-based, immediate asset-freezing mechanism to prevent asset flight before a court decision.