PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANAPENYELUNDUPAN PASIR TIMAH SECARA ILEGAL OLEHDIREKTORAT JENDRAL BEA DAN CUKAI KOTA BANDAR LAMPUNG

Abstract

ABSTRACT

Since the promulgation of Law Number 10 of 1995 Concerning Customs and later amended by Law Number 17 of 2006 concerning Customs, development and security carried out by the Directorate General of Customs and Excise have shown an important and strategic role in supporting and encouraging the economy, In a case that occurred in 2016, a crime of smuggling of tin sand occurred in the city of Bandar Lampung and has been followed up by the Directorate General of Customs and Excise in the city of Bandar Lampung. Formulation of the problem (1) How is the application of the crime against the perpetrators of illegal smuggling of tin sand illegally in case Number 743 / Pid.Sus / 2016 / PN.Tjk? (2) How is the judge's consideration in applying the crime against the perpetrators of a criminal offense in case Number 743 / Pid.Sus / 2016 / PN.Tjk? The type of research used is normative juridical, with document study data collection techniques, the type of data is secondary data consisting of primary, secondary, tertiary legal material and analyzed qualitatively. The conclusions of the study (1) are in accordance with the provisions in Article 102 of Law Number 17 of 2006 concerning Customs in the form of imprisonment for 1 (one) year 8 (eight) months and a fine of Rp. 1,000,000,000 (one billion rupiah) provided that if the fine is not paid, it will be replaced with 4 (four) months in prison. (2) Judge's consideration in ruling against the perpetrators of the criminal act of smuggling tin sand illegally is based on juridical considerations and non-juridical considerations

Keyword : smuggling,beacukai, lead, lead sand