Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202

Tindak Pidana Terhadap Transaksi Rokok Tanpa Cukai Melalui Marketplace Online: Penelitian

Rehan Ramadhan Ismail (Unknown)
Widiatno (Unknown)



Article Info

Publish Date
01 Jan 2026

Abstract

The development of information and communication technology has driven significant changes in the trade sector through the use of marketplaces as a medium for transactions. However, this progress also opens up opportunities for illegal practices, including the circulation of cigarettes without tax stamps. This study aims to analyze the criminal provisions regarding illegal cigarette transactions based on Law Number 39 of 2007 concerning Excise, particularly Articles 54 and 56, as well as to examine the accountability of the perpetrators through a study of the Medan District Court Decision Number 403/Pid.Sus/2023/PN Mdn. The research method uses a normative juridical approach through the analysis of legislation and court decisions, supported by legal literature. The results of the study show that the sale of cigarettes without tax stamps through marketplaces meets the elements of excise crime because actions such as offering, selling, or distributing taxable goods without payment marks are still considered to occur even if conducted online. Articles 54 and 56 are proven sufficient to prosecute the perpetrators with the threat of imprisonment and fines, including evidence obtained through digital tools. Analysis of Decision No. 403/Pid.Sus/2023/PN Mdn found that both defendants were proven to meet the elements of illegality and intent, but there was an imbalance in sentencing because the main perpetrator received a lighter punishment compared to the field perpetrator.

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Journal Info

Abbrev

jerkin

Publisher

Subject

Humanities Education Languange, Linguistic, Communication & Media Mathematics Other

Description

Jurnal Pengabdian Masyarakat dan Riset Pendidikan is a journal on Faculty of Education. Jurnal JERKIN: Jurnal Pengabdian Masyarakat dan Riset Pendidikan is under the auspices of the Faculty of Education, Universitas Pahlawan Tuanku Tambusai. The journal is registered with E-ISSN: 2961-9890. Jurnal ...