CD Tesis

Kebijakan Hukum Pidana Dalam Pengembalian Kerugian Negara Dari Cukai Terhadap Perdagangan Gelap Telepon Seluler Di Wilayah Hukum Pengadilan Negeri Bengkalis

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This study aims to analyze the Criminal Law Policy in Refunding State
Losses Against Illicit Traffic in Cellular Phones in the Bengkalis District Court
and the Barriers to Recovering State Losses Due to Illicit Traffic in Cellular
Phones in the Bengkalis District Court. This study uses a sociological legal
research method, namely research directly to the research location using data
collection tools in the form of interviews.
The results showed that the criminal law policy in returning state losses to
the illicit trade in cellular telephones in the Bengkalis District Court was carried
out in 2 (two) ways, namely Penal and Non-Penal. Penal law policy is carried out
by means of crime prevention through criminal means, in this case there has been
a kind of criminal formulation and punishment that has been legalized through
legislation, while the Non-Penal method is an action in the form of prevention to
prevent criminal acts from occurring, then the main target is deal with the
conducive factors causing the occurrence of criminal acts. Barriers to the
Bengkalis District Court in Recovering State Losses Due to Illicit Traffic in
Cellular Phones in the Bengkalis District Court's jurisdiction include: the
formulation of criminal sanctions, where the element of "disruption of the
foundations of the country's economy" is an element that has been stipulated by
Article 102 B because it is clearly disturbed economy, this already refers to the
source of state revenue, namely taxes/excise from imported goods that enter from
outside Indonesia. The formulation of this Article should be implemented by law
enforcement officials, so that when the smuggled imported goods can be sold or
auctioned and the money goes into the state treasury and the perpetrators of
criminal acts are also burdened with providing replacement money for the
smuggling crimes that have been committed by the perpetrators, the second is
indictments and demands of the Prosecutor, where law enforcement officers tend
to indict and prosecute criminal acts of smuggling cellular telephones (mobile
phones) by using Article 480 (retention) of the Criminal Code, Article 104 of Law
Number 7 of 2014 concerning Trade and Article 62 paragraph (1) Jo Article 8
paragraph (1) letters I and J of Law Number 8 of 1999 concerning Consumer
Protection, so that the punishment received by the perpetrators is relatively light
and does not provide a deterrent effect for the perpetrators of the crime of
smuggling
Keywords: Refund of State Losses, Cellular Phone Illicit Trade, Bengkalis
District Court

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 221 (0038)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2021

Deskripsi Fisik

viii, 98 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 221 (0038)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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