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Juridical Review Of The Enforcement Of Criminal Laws For Illegal Tobacco Trafficers Without Excise Reviewed From Legislationconcerning Excise Reimanda Zepanta Ginting; Andry Syafrizal Tanjung; M. Hary Angga Pratama Sinaga
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 1 (2024): IJHESS AUGUST 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i1.1210

Abstract

The case of the circulation of illegal goods, especially cigarettes without duty in Tanjung Balai City, is a case that is attracting serious attention, because there were a lot of catches by Teluk Nibung Customs and Excise officers during the 2021 to 2022 period, in the form of 2,313,172 cigarettes. With a total value of goods of Rp. 9,840,000,000.00 (nine billion eight hundred and forty million rupiah) with a total potential state loss of Rp. 3,913,000,000.00 (three billion nine hundred and thirteen million rupiah). This research aims to determine the factors causing the circulation of illegal cigarettes without duty in Tanjung Balai, law enforcement against the circulation of illegal cigarettes without duty in Tanjung Balai, as well as obstacles and efforts to enforce the law on the distribution of illegal cigarettes without duty.The nature of research in writing a thesis uses descriptive analysis, the type of research uses Normative law while the data collection method uses Library Research, and the type of data in this research uses Secondary Data. Criminal acts regarding fake excise stamps and the use of used BKC excise stamps are regulated in Article 55 of Law no. 39 of 2007 and factors that can hinder the Directorate General of Customs and Excise and related agencies from effectively monitoring and enforcing the law on the distribution of illegal tobacco in the city of Medan are the lack of public awareness of illegal tobacco, weak supervision and enforcement carried out by the relevant authorities. , there is still a lack of awareness of Tobacco producers in producing illegal Tobacco. The government is expected to increase State revenues from the excise sector along with efforts to safeguard State revenues and issue several strategic policies, namely by neutralizing the market for Illegal Tobacco products.
A Legal Analysis Of Nterests Legal Protection For The Rights Of Victims Of Aggregated Theft Dora Dame Madonna Nainggolan; T. Riza Zarzani; M. Hary Angga Pratama Sinaga
Jurnal Scientia Vol. 13 No. 04 (2024): Education and Sosial science, September-December 2024
Publisher : Sean Institute

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Abstract

Legal protection is any form of effort to protect human dignity and honor and recognition of Human Rights (HAM) in the legal field. Legal protection as a victim of a crime, especially theft, even with aggravation, the victim has the right to receive legal protection, in providing this legal protection must be maximized, especially victims who are economically weak. In decision No. 1743 / Pid.B / 2023 / PN Lbp, the defendant committed a crime of aggravated theft by stealing an RX King motorbike belonging to the victim and a witness, in this case the victim suffered material and immaterial losses due to the loss of the motorbike, but the judge only focused on determining the sanctions and the final sentence that would be imposed on the defendant and rarely discussed the rights of victims who were victims of the crime of aggravated theft and returned their rights in the final decision. In this study, the researcher formulated the problems to be discussed, namely: What are the general provisions related to the crime of aggravated theft, How is the legal review of the form of legal protection for losses to victims of criminal acts and How is the author's legal analysis of the interests of legal protection for the rights of victims of losses due to the crime of aggravated theft in the study of decision No. 1743 / Pid.B / 2023 / PN Lbp. This study uses a normative study method which is descriptive analytical research that provides an overview of the object being studied with a research method that focuses on collecting and analyzing data to understand and explain certain systems, processes, or phenomena. As a result of the study, the author found that in protecting the rights of victims of criminal acts or those related to criminal acts, the law in Indonesia regulates very strictly which has been regulated in Law No. 13 of 2006 concerning the protection of victims and witnesses in Article 281 paragraph 4, victims should be able to file for legal restitution. Victims can also apply for their rights to be protected by LPSK (Witness and Victim Protection Agency).