Tinjauan Tentang Pelanggaran Pasal 104 JO Pasal 6 Ayat (1) Undang-Undang No.7 Tahun 2014 Dalam Perkara No. 327/PID.SUS/2017/PN.PBR.

Zebua, Hendra (2019) Tinjauan Tentang Pelanggaran Pasal 104 JO Pasal 6 Ayat (1) Undang-Undang No.7 Tahun 2014 Dalam Perkara No. 327/PID.SUS/2017/PN.PBR. Undergraduate thesis, Universitas Islam Riau.

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Abstract

Every businessman is required to use or complete an Indonesian language label on goods traded in the country. If the businessman does not use or does not complete the Indonesian language label on goods traded domestically, he will be sentenced to for a maximum 5 (five) years imprisonment and/or fine at most Rp. 5.000.000.000,00 (five billion rupiah) in the provision of article 104 jo article 6 paragraf 1 of law Number 7 year 2014 concerning trade. The main problem in this study is how is the application of article 104 jo article 6 paragraph 1 of law Number 7 year 2014 cases Number 327/Pid.sus/2017/PN.Pbr and how is the panel of judges consideration in imposing criminal charges against violations of article 104 jo article 6 paragraph 1 of law Number 7 year 2014 cases Number 327/Pid.sus/2017/PN.Pbr. The type of research used in this study is normative legal research while its nature is descriptive, namely describing in detail about the crime of trading goods not labeled Indonesian in case Number 327/Pid.sus/2017/PN.Pbr. The application of article 104 jo article 6 paragraph 1 of law Number 7 year 2014 cases Number 327/Pid.sus/2017/PN.Pbr is based on four evidence presented to court namely witness statement, expert witness statement, letter, and statement of the defendant. Basen on the evidence presented to the court, the panel of judges believed that the defendant was proven to have commited and for his wrongdoing as stipulated in article 104 jo article 6 paragraph 1 of law Number 7 year 2014 concerning trade jo Regulation of the Minister of Trade of the Republic of Indonesia Number : 73/M-DAG/PER/9/2015 about the inclusion of label in Indonesian in goods. The public prosecutor also submitted other evidence in the form of objects relating to criminal acts that occurred which could be said to be part of the evidence. The final judgment of the panel of judges paid attention to matters that were burdensome and things that made the defendant so incapable that the the defendant Hengky Wijaya Als A Heng was sentenced to conditional imprisonment criminal sanctions with 8 (Eight) months. The judge stated that the criminal did not need to be carried out unless there wa another order from the judge later because the defendant had committed a crime before the expiration of a 1 years trial period.

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