PERTANGGUNGJAWABAN PIDANA TJIN LAM ALS ALAM DALAM TINDAK PIDANA KEPABEANAN (STUDI KASUS NOMOR 810/PID.B/2008/PN.PBR PERBANDINGAN PUTUSAN PENGADILAN NEGERI, PENGADILAN TINGGI DAN MAHKAMAH AGUNG)
ABSTRACT: In the study of
criminal responsibility Tjin Lam als Alam of a criminal offense of customs (
case study number 810 / Pid.B / 2008 / PN.PBR comparisons District Court , High
Court and Supreme Court ) Pekanbaru District Court the accused was found guilty
and sentenced to imprisonment for 1 ( one ) year and a fine of Rp . 50.000.000
, - ( Fifty million ) subsidiary 3 ( Three ) Months confinement. In Pekanbaru
District Court, the defendant appealed to the High Court of Riau are getting
the defendant was found not guilty and the Prosecution did Cassation to the
Supreme Court the decision of the defendant not guilty . The purpose of this
study , First : To determine whether Tjin lam natural als be held accountable
in the case of customs. Second : To know how the judge's ruling on the level of
the District Court , High Court and the Supreme Court had been right.This
research is classified into normative research , namely that nature Descriptive
- Analytical Methods , means to describe, record , analyze and interpret
existing conditions. In this case the responsibility of customs criminal
offenses between the ruling criminal offense of customs at the level of
district courts , high courts and the Supreme Courtand Judge assemblies good
basis for consideration in the first instance , appellate up in the Supreme
Court then examined carefully and drawn a conclusion. Conclusion first in
liability cases customs Tjin lam als nature based on the decision of the District
Court Pekanbaru found guilty of witness testimony I to witness VIII and
completeness ofthe evidence such as ships and cargo that may lead to belong to
the defendant, while the results of the decision of the High Court and the
Supreme Court against with Pekanbaru District Court that the defendant was
found not guilty by listening to witness testimony I to VIII witnesses which explains
the absence of the accused where the time of arrest or at the location of the
crime scene (TKP) at that time.Suggestions With the freedom of the judge in
deciding a case, especially in criminal customs then should the judge must
always strive to improve ourselves, increase experience and sharpen the
analysis to determine the factors that are considered rational to base consideration
of the decision, in order to reach a decision that has flavor justice and a
need for community participation in preventing the crime of customs. Community
participation can be done by an individual, group, corporation or business
entity, and the institutions or organizations established by the community.
Community participation can be implemented by obeying the laws and regulations
on customs, to supervise the implementation of laws and regulations that apply
particularly legislation on customs.
Penulis: ILFAN AFRIANDI JAHRI
Kode Jurnal: jphukumdd160433
