Dinamika Hukum

KEPASTIAN PERLINDUNGAN HUKUM BAGI PEMBERI PINJAMAN DALAM PENYELENGGARAAN FINANCIAL TECHNOLOGY BERBASIS PEER TO PEER LENDING

2024-02-17T10:11:02+07:00

Financial Technology berbasis Peer to Peer Lending (Fintech berbasis P2PL) merupakan salah satu terobosan baru pada lembaga jasa keuangan di Indonesia. Kehadiran fintech berbasis P2PL menjadi solusi bagi masyarakat yang belum tersentuh perbankan namun memiliki literasi teknologi. Oleh karena itu, mayoritas penggunanya adalah generasi muda milenial sebagai pelaku bisnis. Para pihak yang terlibat dalam fintech berbasis P2PL terdiri dari Pemberi Pinjaman, Penyelenggara, dan Penerima Pinjaman. Oleh karena itu, perjanjian pinjaman hanya antara pemberi pinjaman dan penerima pinjaman sedangkan penyelenggara berperan sebagai fasilitator yang merekomendasikan, memilih dan menganalisis pemberian pinjaman tidak termasuk dalam perjanjian, sehingga pihak yang rentan menanggung kerugian adalah pemberi pinjaman. Penelitian Normatif ini menggunakan dua pendekatan yaitu pendekatan hukum dan konseptual. Implikasi dari penelitian ini adalah memberikan pedoman bagi pihak-pihak yang terlibat dalam implementasi fintech berbasis P2PL, khususnya perlindungan hukum bagi pemberi pinjaman dan prinsip kehati-hatian penyelenggara dalam menyalurkan dana.
Kata Kunci: Financial Technology, Perlindungan Hukum, Pemberi Pinjaman

PENEGAKAN HUKUM DI TINGKAT PENYIDIKAN TERHADAP KASUS KECELAKAAN LALU-LINTAS DI POLRES BOYOLALI

2024-02-17T10:18:03+07:00

The purpose of this study is to examine law enforcement at the investigative level of traffic accident cases at the Boyolali Police.The research background is that the traffic sector is very important in contributing to the safety of citizens as road users. Therefore, if a traffic accident occurs, the perpetrator must be held accountable for his actions before the law. Criminal law enforcement in the field of traffic must be carried out by the police so that in the future things that threaten the safety of the community will not occur. The research method consists of a type of research that is normative juridical equipped with empirical data through observation. The nature of the research is descriptive. The research materials consist of primary legal materials, namely Law no. 8 of 1981 concerning Criminal Procedure Law, Law no. 22 of 2009 concerning Road Traffic and Transportation, POLRI REGULATION No. 15 of 2013 concerning Procedures for Handling Traffic Accidents. Secondary legal materials consist of Government Regulation no. 27 of 1983, Summary of Traffic Accident Cases. Tertiary legal material, namely the Legal Dictionary. The method of data collection is done by literature study and observation. The data analysis method was carried out qualitatively. The results of the study are that law enforcement is carried out by empowering elements of laws and regulations in the field of traffic, elements of human resources, namely police officers in the field of traffic and infrastructure that support law enforcement such as vehicles and other infrastructure. In addition, the participation of the community is also required in the form of providing information to police officers if they know of a traffic accident case. In carrying out law enforcement at the investigative level, it is necessary to collect evidence such as statements from witnesses, experts, letters, instructions and statements of the accused. Obstacles in law enforcement in traffic accident crimes are evidence at the crime scene that has been damaged or lost. There were no witnesses who knew directly what happened. Most of them are not people who know, and see firsthand what happened. Other obstacles are weather conditions such as rain, the condition of the Crime Scene without lighting. The internal obstacle is the number of Human Resources that still need to be improved both in quality and quantity. Keywords: Law Enforcement, Investigation, Traffic Accident Crime, Boyolali Police.

IMPLEMENTASI PERATURAN KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 8 TAHUN 2021 TENTANG PENANGANAN TINDAK PIDANA BERDASARKAN KEADILAN RESTORATIVE

2024-02-17T10:25:46+07:00

JURIDICAL ANALYSIS OF THE AUTHORITY OF COMMODITIES TRADING SUPERVISORY AGENCY (BAPPEBTI) TOWARDS FUTURES TRADE CUSTOMERS IN INDONESIA

2024-02-17T10:32:29+07:00

Futures brokers also on their sites or online platforms often commit violations by making promises that are prohibited by the regulations in the field of Futures Trading. For this, the customer needs legal protection, because the violation causes losses for the customer. This study aims to analyze the forms of authority of the Regulatory Body (BAPPEBTI) in commodity futures trading and to analyze the forms and processes of legal protection of customers in futures trading activities at Commodity Futures Trading Brokers or Brokers. This research uses an analytical descriptive method that leads to normative juridical research, then relates it to the applicable laws and regulations. This research was conducted by collecting data from primary data and secondary data, and data analysis using data collection techniques based on applicable laws and regulations. The results of this study indicate that the supervision carried out by BAPPEBTI in the context of supervising the actions of futures brokers who misuse customer funds is preventive supervision which is the supervision of the decisions of government officials. The obstacles faced by BAPPEBTI when carrying out supervision include the fact that many people in the regions do not know who to complain to when there is a violation. Because in these areas there is no representative from BAPPEBTI, only attached to the Ministry of trade.
Keywords: authority, supervision, BAPPEBTI

PENERAPAN KEADILAN RESTORATIF SEBAGAI ALTERNATIF PENYELESAIAN PADA TINDAK PIDANA PENGANIAYAAN YANG DILAKUKAN OLEH ANAK STUDY KASUS PADA POLRES WONOGIRI

2024-02-17T10:41:44+07:00

This study aims to analyze the urgency of restorative justice in the crime of maltreatment committed by children and to analyze the arrangements for implementing restorative justice as an alternative settlement for criminal acts of abuse committed by children at the Wonogiri Police Station.
This research is empirical with data collection techniques carried out by library research, namely from laws, books, official documents, publications and research results and by field research, namely through interviews and questionnaires to a number of respondents.
The results of this study are: 1) The large number of crimes of maltreatment is in accordance with the data originating from the Wonogiri Police and the Central Bureau of Statistics, the positive response of the public who welcomes the approach of restorative justice as a form of solving criminal acts of maltreatment committed by children and the bad image of former In the eyes of society, convicts of criminal acts of abuse committed by children can affect the continuation of the future of perpetrators of criminal acts, it is felt that it is enough to prove that the application of restorative justice is an urgency to make a statutory rule. 2) In the current arrangements for the implementation of restorative justice it is only based on the Chief of Police Circular which has no legal force and is not binding as a whole but only binds to the agency which in this case is the National Police itself so that its application is still not optimal in terms of rules and implementation It is hoped that the arrangements for the application of restorative justice in the future as stipulated in the RKUHP will be immediately enforced so that the application of restorative justice has permanent legal force and is binding on all parties.
Key word : Restorative Justice, Urgency, Criminal Acts of Abuse committed by children.

TINJAUAN HUKUM PUTUSAN PAILIT PADA KOPERASI INTIDANA

2024-02-17T11:08:03+07:00

The purpose of this study was to examine the legal consequences that arose for the Intidana cooperative in the decision No. 874 K/Pdt.Sus-Bankrupt/2022 and the legal consequences of the bankruptcy decision for the Intidana cooperative in terms of the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia No. 09 of 2018 concerning the Implementation and Development of Cooperatives. Cooperatives are a form of business entity that plays a role in the development of the Indonesian economy. The principle of kinship in cooperatives has the understanding that the establishment of cooperatives is not solely materialistic and individualistic but also has the awareness to do the best in cooperative activities, however, in reality not all cooperatives that stand are subject to the principle of kinship because when cooperatives are in a state of loss, there is a tendency for cooperative members to bring the cooperative's problems to court. Types of normative juridical research. The nature of descriptive research. Data collection techniques using library research. The data analysis technique uses descriptive qualitative analysis. The results of the study show that the legal consequences that arose against the Intidana cooperative in decision No. 874 K/Pdt.Sus-Bankrupt/2022 that the Supreme Court declared the Intidana Savings and Loans Cooperative Bankrupt with all its legal consequences. The legal consequences of the bankruptcy decision for the Intidana cooperative are not contradictory when viewed from the Regulation of the Minister of Cooperatives and Small and Medium Enterprises of the Republic of Indonesia No. 09 of 2018 concerning the Implementation and Development of Cooperatives because the bankruptcy decision is in accordance with Article 43 part c of Government Regulation of the Republic of Indonesia No. 09 of 2018 concerning the Implementation and Development of Cooperatives that cooperatives are declared bankrupt based on a court decision that has permanent legal force and does not conflict with the Supreme Court Circular Letter (SEMA) No. 1 of 2022 that requests for bankruptcy statements can only be submitted by the Ministry of Cooperatives and SMEs to court.
Keywords: legal review, cooperative, bankruptcy

PENGULANGAN TINDAK PIDANA OLEH KLIEN YANG MENDAPATKAN INTEGRASI DI BALAI PEMASYARAKATAN KELAS II KLATEN

2024-02-17T11:14:45+07:00

The purpose of this study is to examine and analyze the factors that cause clients to repeat crimes that previously received an integration program at the Klaten Class II Correctional Center. Review and analyze the implementation of guidance and supervision of clients who receive integration programs at the Klaten Class II Correctional Center.
The Correctional Center has an important role in providing guidance to clients who have obtained an integration program, namely by providing guidance and supervision so that clients do not repeat criminal acts.
The method of approach in this writing is sociological juridical. The specifics of this study use descriptive. The data source uses primary data and skunder data. Data collection techniques use interview studies and document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
Factors that cause clients to repeat crimes that previously received an integration program at the Klaten Class II Correctional Center are 4 (four) factors that influence correctional clients who receive the integration program to commit crimes again, namely economic factors, internal factors, environmental factors and dependence factors for drug addict clients. After the correctional client commits a criminal act again, the sanctions given are administrative sanctions, namely the revocation of the Parole Decree issued by the Directorate General of Corrections and criminal sanctions in accordance with new crimes committed by correctional clients. The implementation of guidance and supervision of clients who get an integration program at the Klaten Class II Correctional Center is carried out by means of Community Guidance (PK) officers coming directly to the client's residence or commonly called (Home Visit), and clients who obtain parole come directly to be obliged to report to Bapas Klaten once a month.
Keywords: Integration Program, Guidance and Supervision, Correctional Clients.

KAJIAN YURIDIS GUGATAN KEPUTUSAN KEPALA DESA TENTANG PENGANGKATAN SEKRETARIS DESA

2024-02-17T10:08:01+07:00

The purpose of this study is to review and analyze the judges' considerations in deciding the lawsuit case of the Gunungreja Village Head Decree Number: 141/6/VII/Th 2017 concerning the appointment of Muhammad Jumali as Village Secretary in the Semarang State Administrative Court Decision Number 56/G/2017/ PTUN. SMG. Reviewing and analyzing the legal consequences of Semarang State Administrative Court Decision Number 56/G/2017/PTUN. SMG regarding the lawsuit of the Gunungreja Village Head Decree Number: 141/6/VII/Th 2017 regarding the appointment of Muhammad Jumali as Village Secretary.
State Administration Disputes occur because there is a person or civil law entity who feels that his interests are harmed by a TUN Decision. Disputes can occur because the TUN body or official issues a decision in written form that is considered not in accordance with the law and harms the interests of the individual concerned.
The method of approach in this writing is normative juridical. The specification of this study uses analytical descriptive. The data source uses skunder data. Data collection techniques using document study studies. To analyze the data, researchers use qualitative descriptive analysis methods.
The judges' consideration in deciding the lawsuit case Decree of the Head of Gunungreja Village Number: 141/6/VII/Th 2017 concerning the appointment of Muhammad Jumali as Village Secretary in the Semarang State Administrative Court Decision Number 56/G/2017/PTUN. SMG by considering: 1) The arguments of the plaintiff's claim, 2) The defendant's exception, 3) The evidence submitted by the parties, 4) Witnesses and facts in the trial, 5) Article 17 of the Regional Regulation of Cilacap Regency Number 4 of 2016 concerning the Appointment and Dismissal of Village Apparatus, where the Panel of Judges believes that the Defendant in issuing the object of dispute a quo is not in accordance with the issuance procedure, did not pay attention to the Recommendation Letter of Sidareja Sub-District. The Defendant should have carried out the Screening and Re-screening of Village Equipment. Legal consequences of Semarang State Administrative Court Decision Number 56/G/2017/PTUN. SMG regarding the lawsuit of the Decree of the Head of Gunungreja Village Number: 141/6/VII/Th 2017 concerning the appointment of Muhammad Jumali as Village Secretary, namely: (1) The Plaintiff has the opportunity to run again as village secretary in accordance with the provisions of Article 2 of the Regional
Regulation of Cilacap Regency Number 4 of 2016 concerning the Appointment and Dismissal of Village Officials. (2) The legal consequence for the Village Head is to re-implement the screening and screening of candidates for Village Apparatus as stipulated in Articles 11-13 of Cilacap Regency Regional Regulation Number 4 of 2016 concerning the Appointment and Dismissal of Village Apparatus.
Keywords: Village Head Decision Lawsuit, Nomination and Village Apparatus Network.

ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP HAK MASYARAKAT PESERTA BADAN PENYELENGGARA JAMINAN SOSIAL (BPJS) DALAM MENDAPATKAN PELAYANAN KESEHATAN PADA UNIT GAWAT DARURAT

2024-02-17T10:14:58+07:00

The purpose of this study is to examine and analyze the implementation of health services for BPJS participant patients based on statutory provisions. Analyzing the legal protection of the BPJS participant community as consumers of services in health services at Hospitals in the Emergency Unit. Analyzing legal actions that can be taken by the BPJS participant community for patient refusal actions carried out by hospitals in the Emergency Unit.The problem regarding underprivileged patients or communities related to health services is that discrimination still occurs on the part of the hospital, especially in the emergency department. In fact, there are already regulations and laws regarding hospitals and health such as Article 6 of Law Number 44 of 2009 concerning Hospitals and Law Number 36 of 2009 concerning Health. This shows that there is no difference in who needs health services.The approach method in this research is normative juridical law research. The nature of the research is qualitative prescriptive. Source of data using secondary data. Data collection techniques using library research. To analyze the data using descriptive qualitative analysis method. The implementation of health services for disabled patients in hospitals has been carried out based on Law Number 36 of 2009 and Law Number 44 of 2009. Patients have the right to receive complete and plenary health services. So is the case with disabled patients, they must be given good service in accordance with medical competency standards.The legal protection system for underprivileged patients that can be provided by the Hospital is to provide good, complete and complete health services in accordance with medical competency standards. Health services provided by hospitals have been carried out in accordance with the provisions of Law Number 36 of 2009 concerning Health and Law Number 44 of 2009 concerning Hospitals. Legal remedies that are usually taken by incapacitated patients if they do not receive health services from the hospital are to question the hospital management and report this matter to members of the local DPRD. Keywords: Patients, Hospitals, Health Services

PELAKSANAAN UNDANG-UNDANG NOMER 25 TAHUN 2009 DAN UNDANG-UNDANG NO 8 TAHUN 2016 BAGI PEMENUHAN HAK AKSESBILITAS PENYANDANG DISABILITAS DALAM PENYELENGGARAAN PELAYANAN PUBLIK DI KANTOR PERTANAHAN KOTA SURAKARTA

2024-02-17T10:22:16+07:00

The government issued Law Number 25 of 2009 and Law 8 of 2016 Law on Persons with Disabilities, in the context of services, fulfilling human rights and freedoms for persons with disabilities, efforts must be made in order to fulfill their rights by being able to organize public services inclusive and quality in accordance with the principles of public service delivery This research method uses normative and empirical research based on legal facts originating from the substance of laws and regulations, as well as empirical legal research based on the results of research and interviews at the Surakarta City State Land Agency office. Normative research examines laws and regulations, and empirical research examines data The field is in the office of the Surakarta City State Land Agency The Research Results of the Surakarta City Land Agency issued SK No 1141 / SK -33.72.UP.04.05 / IV / 2023 concerning Standard Procedures for Inclusive Public Services at the Surakarta City Land Office as an effort within the framework of the obligation to provide services with special treatment to community members in accordance with laws and regulations . There are many obstacles to BPN Surakarta in implementing the rights of persons with disabilities to obtain inclusive services, including costs and are still in the implementation stage and work has not yet been completed. Keyword: inclusive publik service, disabilitas group

RELEVANSI WADAH TUNGGAL (SINGLE BAR ASSOCIATION) ORGANISASI ADVOKAT DI INDONESIA

2024-02-17T10:29:14+07:00

The Ratio of Legis and Validity of the Indonesian Advocates Association as a Single Forum for Advocate Professional Organizations. The purpose of this study is to determine the problems: (1) Legis ratio Article 28 paragraph (1) of Law Number 18 of 2003 concerning Single Bar Association and (2) To find out the condition of the split of advocate organizations in Indonesia which ultimately damages the existence of the single bar system against the upholding of the rule of law because the weak building of the single bar system can no longer guarantee the quality of advocates who are always able to uphold the principles of single bar association. The type of research used is Legal Research. The approaches used are the Statutory Approach, the Conceptual Approach, the Historical Approach and the Legal Approach.
The background of the problem is based on Law Number 18 of 2003, especially article 28 paragraph (1) concerning the Single Container of Advocate Professional Organizations (Multi bar Association) is multiinterpretive which can be interpreted as a single bar association. The vagueness of the formulation of "advocate professional organization as the only professional forum" has caused the issue of constitutionality of the Advocates Law, especially Article 28 paragraph (1) of the Advocates Law and has become an issue for material review by the Constitutional Court c.q. Article 28 D of the 1945 Constitution because the state is obliged to guarantee legal certainty (rechtszekerheid/ legal certainty).
This research method is Normative research because it examines and examines problems related to rules and norms. In this study, researchers examine the position of advocate organizations which aims to describe and provide an explanation of how the implementation of a single advocate organization in Indonesia as per the Law of Advocates No. 18 of 2003 and multi-bar associations.
The results of this study show that, the issuance of the Letter of the Chairman of the Supreme Court No: 73 / KMA / HK.01 / IX / 2015 date. 25-9-2015 also triggered a rift in advocate organizations because "Allowing swearing in new advocate members is not only PERADI but can be carried out by other advocate organizations. The polemic of Single bar and multi bar association must be ended immediately by going through the REVISION of the Advocates Law. Letter of the Chairman of the Supreme Court No.73 / KMA / HK.01 / IX / 2015 entrusting the
need to amend the Advocates Law, because some articles in the Advocates Law are no longer relevant to be applied, especially regarding the authority of advocate organizations in the process of recruiting and swearing in prospective advocates and supervising the code of ethics. The juridical implication also appears that competition among advocate organizations will be freer, so it is necessary to establish an Honor Council to monitor competition between advocate organizations so as not to lead to commercialization and it is also necessary to establish a Commission of Advocates to make a joint consensus.
Keywords : Organization, Advocate, Single Containe

EFEKTIVITAS UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERKAWINAN TERKAIT BATAS USIA PERKAWINAN

2024-02-17T10:36:10+07:00

This study aims to analyze the effectiveness of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage regarding marriage age limits. This study also aims to determine the factors that have caused the increase in marriage dispensation cases at the Boyolali Religious Court after the enactment of Law Number 16 of 2019. The government has revised Law Number 1 of 1974 concerning Marriage into Law Number 16 of 2019 which discusses the age limit for marriage, initially 16 years for women was changed to 19 years. Considerations related to the increase in the higher age limit for women to marry include that marriage at a child's age has a negative impact on the growth and development of children and will lead to the non-fulfillment of children's basic rights. However, after the issuance of Law Number 16 of 2019, the number of cases of marriage dispensation applications at the Boyolali Religious Court has increased. The type of research used is sociological juridical research, namely research conducted on the actual situation or the real situation that has occurred in society. And the nature of the research is descriptive using secondary data as the initial data, which is then continued with primary data in the field. The theory used to analyze and discuss the problems in this study uses the theory of legal effectiveness put forward by Soerjono Soekanto and John Rawls' theory of justice. The results showed that Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage has not been effectively implemented, especially by the people in Boyolali Regency. One of them is because there are still many people who do not know about the change in the minimum age limit for marriage according to Law Number 16 of 2019. This is evidenced by the increasing number of marriage dispensation applications filed at the Boyolali Religious Court. The factors that cause the increase in marriage dispensation cases at the Boyolali Religious Court are factors of promiscuity, economic factors, and factors of community habits / customs. For this reason, the Government's role is needed to be more active in socializing Law Number 16 of 2019 and providing counseling related to the impacts of underage marriages to the community.
Keywords: Effectiveness, Law Number 16 of 2019, Marriage Age Limit, Marriage Dispensation.

GREEN OPEN SPACE PLANNING OF SURAKARTA CITY

2024-02-17T10:57:41+07:00

The purpose of this study is to examine and analyze the spatial planning of Surakarta City based on Surakarta City Regional Regulation Number 4 of 2021 concerning Surakarta City Spatial Plan 2021-2041 on the Procurement of Proportional Green Open Space in Surakarta. Reviewing and analyzing what obstacles occur in the spatial planning of Surakarta City based on Surakarta City Regional Regulation Number 4 of 2021 concerning Surakarta City Spatial Plan 2021-2041 on the Procurement of Proportional Green Open Space in Surakarta.
The problem of spatial planning policy in Surakarta City is the decreasing availability of green open space. This is one of the impacts of the form of physical development that is carried out continuously using green open space.
The method of approach in this writing is sociological juridical. The specifics of this study use descriptive. The data source uses primary data and skunder data. Data collection techniques use interview studies and document studies. To analyze the data, researchers use qualitative descriptive analysis methods.
The spatial planning of Surakarta City based on Surakarta City Regional Regulation Number 4 of 2021 concerning the Surakarta City Spatial Plan 2021-2041 on the Procurement of Proportional Green Open Space in Surakarta has been implemented well but has not been able to obtain maximum results, where the number of RTH in Solo City in total has met the minimum limit according to applicable regulations, which is 30% of the city area, however, proportions are not ideal due to the lack of Public RTH in Surakarta City. The proportion of RTH in Surakarta City is still not ideal due to several obstacles, namely the limited number of public lands, private sector support for the provision of RTH and low public awareness about green open spaces. These obstacles have been anticipated by the Surakarta City Government by carrying out several policies, namely: Purchase of Private Land and set aside building land for Private RTH. The policy has not run optimally due to limited budgets for private land purchases, and public awareness of the importance of ecological development in an urban area.
Keywords: Spatial Planning, Green Open Space.

PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEREDARAN ROKOK TANPA PITA CUKAI DI KABUPATEN GROBOGAN

2024-02-17T11:10:58+07:00

The research objectives in this thesis are to examine and analyze law enforcement efforts against the criminal act of distributing cigarettes without excise bands in Grobogan district and to study and analyze the application of law and the trial process to the crime of distributing cigarettes without excise bands in Grobogan district.
Circulation of cigarettes without excise stamps is a form of crime that is mostly committed by a group of people in order to gain profit because cigarettes without excise stamps are of course contrary to applicable laws where such cigarettes are categorized as excisable goods.
Illegal Cigarettes are Cigarettes circulating in the territory of Indonesia which in their manufacture and distribution do not comply with statutory provisions. Efforts or actions taken by the Directorate General of Customs and Excise related to the distribution of illegal cigarettes that do not have a license list and are not attached with excise tape can affect the increase in the production of legal cigarettes which provides benefits to the government in terms of tobacco product excise revenue.
How is law enforcement against the crime of distributing cigarettes without excise stamps in Grobogan district? How is the application of law and the trial process in the criminal act of distributing cigarettes without excise bands in Grobogan district.
The research method used is empirical normative. In this study, information was collected from respondents using interview data collection tools, and the nature of this research is descriptive analysis, namely research that provides data as accurately as possible to describe law enforcement efforts against the crime of cigarette distribution without being attached to excise tape and inhibiting factors and inhibiting factors. supporters in law enforcement against the crime of distribution of cigarettes without excise bands.
The conclusions of this thesis are: (1) Sutrisno bin Karto Redjo is rightly the defendant because it was legally proven and proven to have committed the crime of selling illegal cigarettes without being attached with excise tape in accordance with the provisions in Article 54 Juncto Article 29 paragraph (1) of the Republic of Indonesia Law Indonesia Number 11 of 1995 concerning Excise as amended by Law of the Republic of Indonesia Number 39 of 2007 concerning amendments to Law Number 11 of 1995 concerning Excise Juncto article 55 paragraph (1) 1st Criminal Code; (2) Imprisonment for 1 year and 6 months, detention in Purwodadi Lapas and a fine of IDR 121,962,000.00 (one hundred twenty one million nine hundred and sixty two thousand rupiah) times two equals IDR 243,924,000.00 (two hundred forty three million nine hundred and twenty four thousand rupiah), provided that if the fine is not paid then it is replaced by imprisonment for 4 (four) months in order to recover state losses and be charged with court fees of Rp. 5000.- (five thousand rupiah).
Keywords: Illegal Cigarettes, Law of the Republic of Indonesia Number 39 of 2007.