Gultom, Meli
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CRIMINAL LIABILITY OF ILLEGAL CIGARETTE SMUGGLERS IN PEMATANGSIANTAR: Study of Decision No. 213/Pid.B/2023/PN Pms Simbolon, Krisna Uli; Sihotang, Lesson; Gultom, Meli
YURIS: Journal of Court and Justice Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jcj.v4i1.690

Abstract

Illegal cigarette smuggling is an illegal act that results in a loss of state revenue and creates unfair economic competition. Therefore, to prevent this practice, the government has imposed an excise policy. However, in reality, this effort has not been able to fully suppress the smuggling of illegal cigarettes. This is proven by the prevalence of smuggling cases, even though the perpetrators have been subject to criminal sanctions. This research examines two main problems on how the juridical review of the sanctions implementation related to the purpose of punishment for perpetrators of the illegal cigarette smuggling crime in Decision No. 213/Pid.B/2023/PN Pms, and the judge's strategy in imposing a decision in order to create legal certainty and justice. This is a normative legal research where the results indicate that the implementation of criminal sanctions of a one year and six months prison sentence for the illegal cigarette smugglers in the case is still relatively light and has not provided a deterrent effect, both for the perpetrators and the wider community. Therefore, it is necessary to impose heavier criminal sanctions as a form of legal liability for the perpetrators. In addition, judges in making decisions must consider juridical and non-juridical aspects. It does not only focus on juridical aspects, but also needs to consider non-juridical factors in order to prevent errors and manipulation in the examination of cases and the implementation of sanctions against defendants.
Law Enforcement and Justice Based on Local Wisdom in Protecting the Intellectual Property Rights of Batak Toba Ulos Weaving Fabric Gultom, Meli
Golden Ratio of Law and Social Policy Review Vol. 5 No. 2 (2026): January - June
Publisher : Manunggal Halim Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52970/grlspr.v5i2.2004

Abstract

Law enforcement aims to realize justice within society. However in practice, the rigid and formalistic application of positive law often fails to reflect the sense of justice living within the community Indonesia, as apluralistic state possesses rich cultural values and tradition known as local wisdom, which play a strategic role in achieving substansive justice. Local wisdom embodies noble values such as deliberation, balance, harmony and restoration of social relations, which align with the principles of restorative justice. Indonesia is a country that consists of various tribes and cultures so that it has priceless Traditional Cultural Expressions and really needs to be protected. One form of traditional cultural expression in Indonesia is ulos cloth, which is a fabric product that is known internationally. This study aims to analyze the concept of law enforcement and justice based on lacal wisdom and its relevance within the Indonesia legal system. The research employs a normative juridicial mthod using statutory, conceptual and sociological approaches. The finding indicate that integrating local wisdom into law enforcement strengthens legal legitimacy, enhances public trust in law enforcement institusions, and promotes a more humane, contextual, and socially responsive form of justice. Therefore law enforcement based on local wisdom is essential in creating a legal system that not only ensures legal certainty but also embodies the values of rooted in society. Ulos cloth is a traditional woven cloth typical of North Sumatra which is currently widely used by fashion designers as part of their creations. Ulos cloth, especially the Toba Batak ulos, has been designated as an intangible cultural heritage of Indonesia through the Decree of the Minister of Education and Culture of the Republic of Indonesia Number 270/P/2014 concerning the Determination of the 2014 Intangible Cultural Heritage of Indonesia. Apart from being regulated by this decree, traditional cultural expressions are also regulated by law. -Law Number 28 of 2014 concerning Copyright and also through Law Number 5 of 2017 concerning the Promotion of Culture which aims to advance Indonesian national culture and make Culture an investment to realize the national goals of the Indonesian nation.