PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENYELUNDUPAN PAKAIAN BEKAS

Abstract

Import smuggling is prohibited in Article 102 of the Customs Law. Furthermore, the prohibition of imports of used clothing is regulated in the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 229/MPP/Kep/7/2007, then by Regulation of the Minister of Trade of the Republic of Indonesia No. 51/M-DAG/PER/7/2015 concerning the prohibition of imports of used clothing, which was refined by Regulation of the Minister of Trade of the Republic of Indonesia Number 40 of 2022 concerning goods prohibited from being exported and goods prohibited from being imported. In case No. 23/Pid.Sus/2020/PN Tbk, the defendant was found guilty of transporting 526 balls of imported used clothing or ballpress. As a result, the defendant was sentenced to imprisonment for 2 years and a fine of IDR 50,000,000, for violating Article 102 letter (a) of the Customs Law. Problem formulation: (1) How is the judge's consideration of the criminal act of smuggling used clothing? (2) How is the application of punishment for the criminal act of smuggling used clothing? This type of research is normative juridical, the data source used is secondary data (document study), and the data is analyzed qualitatively. Research results: (1) The basis considered by the judge in passing the verdict includes juridical and non-juridical aspects. Judges also consider mitigating and aggravating circumstances. (2) The application of punishment for the perpetrators of used clothing smuggling is on average subject to the minimum sanctions in the Customs Law. As well as applying criminal sanctions in the form of imprisonment and fines which are cumulative criminal sanctions.