Pelaksanaan penuntutan dalam tindak pidana penyelundupan (suatu studi di Kejaksaan Negeri Boyolali)

Oleh :
Andi Purnomo - - Fak. Hukum

Sebelas Maret University.The research aims to give a description and comprehension of the lawsuit implementation in smuggling crime as well as description of the obstacles faced in the lawsuit implementation of smuggling crime. The research method employed by the author in this Law Writing was empirical law research. The data used includes primary and secondary data with field research and literary study as the techniques of collecting data. The data obtained was then analyzed using a qualitative data analysis method. The result of research shows that in lawsuit implementation of smuggling crime begins with the transfer of Investigation Document (BAP) from the Civil Servant Investigator of Tariff and Duty Directorate General. Based on the BAP from the investigator, the lawsuit is continued with the arrangement of accusation letter and then is transferred to the Boyolali First Instance Court along with the accused and evidence. The general attorney makes the indictment plant (Rentut) to be proposed to the Central Java’s Chief of public Prosecutor to get direction in developing the Indictment Document. Having got the direction from the Central Java’s Chief of public Prosecutor, the general attorney then makes Requisitoir (Indictment Document). In the implementation of smuggling crime lawsuit, the obstacle occurring is to present Hendrawan as the owner of the things smuggled to be asked for information regarding the crime committed by the accused whether he is the advisor of such crime or only as the owner. And if he is proven as the advisor, he will be process legally. Another obstacle is the attempt of storing the evidence because of their high value so that a secured place is required. Base on the research above, the author expect that for the management process of smuggling crime conducted well the punishment of smuggling crime should not only be prioritized on the repressive but also preventive action to mitigate the chance of smuggling crime occurring and the government should facilitate the law enforcers to have discretion in the judicature process defined clearly and based on the Law, the authority of investigating the smuggling crime is defined according to its capacity and competence, and finally the firm sanction and the moral of law enforcer should be improved.