TINJAUAN YURIDIS TERHADAP PENGANGKUT BARANG IMPORT ILEGAL DI WILAYAH KERJA PENGADILAN NEGERI TANJUNG BALAI KARIMUN

(Studi Kasus Putusan Nomor 175/ Pid.Sus/ 2016/ PN. Tbk)

Abstract

The purpose of this research is to know and analyze the consideration of
judges in dropping the verdict on the transportation of illegal imported goods;
knowing and analyzing the correlation of judges' decisions with Article 102 letter
a of Law No. 17 of 2006 on The Truth, and knowing and analyzing the obstacles
faced by judges in providing the maximum punishment in accordance with Article
102 letter a of Law No. 17 of 2006 on The Truth.
Article 102B jo Article 102 of the Customs Law shall be regulated
concerning any person who unlawfully conceals imported goods or transports
imported goods from temporary hoardings or bonded hoards that do not reach the
destination customs office and cannot prove that it is beyond his ability, then is
convicted of smuggling in the import field with imprisonment and criminal fines.
The type of research used in the writing of this law is normative juridical
research equipped with interviews with judges. This research aims to provide a
clear and complete picture by collecting, compiling and analyzing data obtained to
solve problems related to the case of unlawful goods entering Indonesia without
being equipped with valid documents, by defendant Zulkarnain Bin Samsudin
(Alm). The basis used by the judge in deciding the case of smuggling crimes is the
juridical aspect of the judge using the provisions contained in article 102 of Law
No. 17 of 2006 amendment to Law No. 10 of 2006 on Customs and the provision
of aspects that relieve and education of the defendants.
The results showed that criminalization for smuggling crimes should use
a relative theory teaches that criminal prosecution and its implementation should
at least be oriented towards efforts to prevent convicts from possibly repeating
crimes again in the future, as well as preventing the general public from the
possibility of committing crimes such as crimes that have been committed by
convicts and others.
Keywords: Onion, Criminalization, Customs