Jurnal Cakrawala Hukum
Vol 9, No 1 (2018): Juni 2018

Penerapan Asas Ultimum Remidium dalam Penegakan Hukum Pidana di Bidang Cukai

Indrawati, Indrawati ( University of Merdeka Malang )
Menezes, Bendito ( Program Studi Magister Ilmu Hukum Universitas Merdeka Malang )



Article Info

Publish Date
29 Dec 2018

Abstract

Strict efforts in enforcing excise laws, criminal sanctions are used as a tool to provide maximum forced power for the excise duty community. But the truth is that criminal provisions are the last resort when administrative sanctions no longer work optimally. This study uses normative legal research methods. An offense to be categorized as a criminal offense cannot be separated from the legality of the legal subject, namely the BKC businessman and the legal object, namely the BKC and the Excise Band. If one of the legal subjects or legal object is illegal, then the violation committed is a form of criminal offense. In addition, an act can be convicted under the Customs law if it meets the following criteria: explicitly and clearly formulated as a violation, significantly causing state losses, and is a recurring act, or state losses incurred cannot be repaired. The application of the principle of ultimum remidium in law enforcement in the excise sector needs to use the theory of restorative justice to restore state losses caused by criminal offenders in the excise field, and social cost theory to provide additional costs and risks for criminals to dissuade them commit crime.DOI: https://doi.org/10.26905/idjch.v9i1.2118

Copyrights © 2018






Journal Info

Abbrev

jch

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Cakrawala Hukum, is a scientific periodical of the Faculty of Law, University of Merdeka Malang, which includes a variety of research in the field of law, or the analysis of actual case studies, or ideas related to the actual law. A Scientific periodical is intended as a means of ...