Thelma S.M Kadja
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Faktor Penyebab dan Upaya Penanggulangan Terhadap Tindak Pidana Penyelundupan Impor Pakaian Bekas di NTT Ismawati Jamaludin; Thelma S.M Kadja; Rosalind Angel Fanggi
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 3 No. 1 (2025): Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v3i1.1658

Abstract

The act of smuggling is a crime of illegally or illegally importing or removing goods to avoid duties that can harm the state. This study aims to identify the causal factors and countermeasures against the crime of smuggling the import of used clothes in East Nusa Tenggara (NTT). The method used is empirical juridical with data collection techniques in the form of data obtained directly from the community through interview techniques and document studies then analyzed and compiled systematically. The results of the study show that the factors that cause these crimes include geographical factors, industrial conditions in NTT, transportation, mentality and society. Countermeasures consist of two categories: first, non-penal (preventive) efforts which include observation and patrol activities; Second, penal (repressive) efforts which include supervision, enforcement, and review of regulations. Smuggling crimes that occur in East Nusa Tenggara generally often occur due to the lack of a security system in the area where the entry and exit of goods in the port and the presence of individuals who back up these activities, so the accuracy and tenacity of investigators in solving this smuggling case is very necessary.
Perlindungan Konsumen Dari Aspek Hukum Pidana Terhadap Peredaran Kosmetik Ilegal: Studi Putusan Nomor 572/PID.SUS/2022/PN SMR Deski Bertolens Tungga; Thelma S.M Kadja; Heryanto Amalo
Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi Vol. 2 No. 1 (2025): Konstitusi : Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/konstitusi.v2i1.398

Abstract

According to data obtained from the Food and Drug Supervisory Agency (BPOM), the total number of illegal cosmetics and/or containing prohibited/dangerous ingredients during the period from October 2021 to August 2022 was more than 1 million pieces with an economic value of IDR 34.4 billion. BPOM also followed up on findings based on reports from several drug and food supervisory authorities in other countries. Based on the report, as many as 46 (forty-six) cosmetics were withdrawn from circulation because they contained prohibited ingredients, microbial contamination, or were counterfeit cosmetics. During the same period, BPOM also carried out cyber patrols. This cyber patrol was carried out on website, social media, and e-commerce platforms to trace and prevent the circulation of illegal cosmetics and BPOM found and blocked (takedown) 83,700 links to the sale of illegal cosmetic products and containing prohibited/dangerous ingredients with a total product amount of 6.5 million pieces and an economic value of Rp 296.9 billion. This proves that there are still many illegal cosmetic products that contain harmful ingredients and do not have a distribution permit. This research is a normative legal research supported by a statutory approach (statute approcach) which uses secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials that collect laws and regulations related to the legal issues at hand, case studies, collecting books, journals, dictionaries and other related literature. The legal materials that have been successfully collected are analyzed, namely description, interpretation, evaluation and systematic. The results of this study show that (1) Based on the form of consumer protection from the criminal aspect, there are five forms of consumer protection, namely: Protection against Unsafe Products; Fraud and Fraud Violation of Clear and Correct Information; Violations of Consumer Rights; Abuse of Power or Dominant Position, as well as unfair business practices. Criminal sanctions aim to provide a deterrent effect to business actors who harm consumers. (2) Based on the perspective of criminal law, the actions of DM business actors who have circulated illegal cosmetics without a distribution permit in decision number 572/Pid.Sus/2022/PN Smr, violate the provisions of Article 197 of Law Number 36 of 2009 concerning Health, which has affirmed that every person who deliberately produces and/or distributes pharmaceutical preparations and/or medical devices without having a distribution permit as mentioned in Article 106 paragraph (1) is criminally punished imprisonment for a maximum of (fifteen) years and a maximum fine of Rp.1,500,000,000,- (one billion five hundred million rupiah).
Penegakan Hukum terhadap Tindak Pidana Penipuan terhadap Konsumen dalam Usaha Jual Beli Online di Kota Kupang Intan Andreaningrum Kadja; Thelma S.M Kadja; Orpa G. Manuain
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 3 (2024): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3894

Abstract

Legal protection against fraud against consumers in online business has been regulated in the Criminal Code Articles 378 and 379 and Article 28 paragraph (1) jo. Article 45 paragraph (2) of the ITE Law regulates false news that results in consumer losses in Electronic Transactions. This research is a research that uses an empirical approach method, namely an approach based on the type of data and data analysis. The results of this study found (1) Law enforcement against criminal acts of fraud against consumers in the online buying and selling business in Kupang City runs based on existing legal rules, namely both the Criminal Code and the ITE Law, namely Article 378 of the Criminal Code and Article 28 paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. (2) Efforts to protect consumers in criminal acts of fraud on e-commerce sites in Kupang City are preventive efforts to prevent the occurrence of such criminal acts. Then repressive efforts to provide criminal sanctions in accordance with applicable regulations. This effort can be done by the way victims can report criminal acts of fraud by visiting law enforcement agencies for further processing.