Penegakan Hukum Pidana Terhadap Perdagangan Gelap Telepon Seluler Di Wilayah Hukum Direktorat Kepolisian Perairan Polda Riau

Budaya, Frendy Mandala (2019) Penegakan Hukum Pidana Terhadap Perdagangan Gelap Telepon Seluler Di Wilayah Hukum Direktorat Kepolisian Perairan Polda Riau. Masters thesis, Universitas Islam Riau.

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Abstract

The criminal act of illegal cell phone trafficking has been investigated and investigated by the Riau Police Regional Police Directorate, by ensnaring the perpetrators because of violating Article 62 Paragraph (1) Jo Article 8 Paragraph (1) letters (i) and (j) Law of the Republic of Indonesia Number 8 1999 concerning Consumer protection and or Article 104 of the Republic of Indonesia Law Number 7 of 2014 concerning Trade Jo Article 480 paragraph (1) and paragraph (2) of the Criminal Code. But in the trial by the Bengkalis District Court, the perpetrators were found guilty of criminal offenses and violated Article 480 paragraph (1) and paragraph (2) of the Criminal Code. The Bengkalis District Court just gave a verdict against the perpetrator as a recapitator, while according to the author, the perpetrator was not the perpetrator but as a businessman in distributing black market cellphones, because according to the author the perpetrator was a person who carried out trading activities in the form of goods distribution or distribution of goods , who carried out his role starting from recruiting workers, hiring workers, looking for work locations and down directly to distribute goods starting from the port of the Sungai Siput rat until he took it to Pekanbaru. Based on the above background, the problem that will be answered in this thesis research is the enforcement of criminal law against the illegal trade of cellular telephones in the jurisdiction of the police directorate of Riau Province and obstacles or constraints in law enforcement against the illegal trade of cellular telephones in the jurisdiction of the regional police directorate riau. This type of research is observational research by survey, which is research that takes data directly from the population / respondent by holding interviews as a data collection tool, then from the data taken is processed so that conclusions are obtained by deductive method. Whereas when viewed from its nature, this research is descriptive, namely research that explains in clear and detailed sentence about Criminal Law Enforcement Against Dark Cellular Telephone Trade in the Legal Area of the Directorate of Water Police of Riau Regional Police. From the results of the study, it can be seen that Criminal Law Enforcement of Cellular Telephone Dark Trade in the Legal Area of the Riau Police Regional Police Directorate is an action or business based on the device that starts from investigations, investigations, prosecutions and examinations in court hearings and the implementation of judge decisions. In addition, the form of law enforcement carried out by the Riau Police Regional Police Directorate is by conducting operations or searching for information directly about anyone who is associated with the sale of black market cellular phones and making preventive and repressive efforts so that the criminal act of the illegal cell phone trade so that it can be dealt with as early as possible. Constraints or Constraints in Law Enforcement of Cellular Telephone Dark Trade in the Legal Area of the Riau Regional Police Directorate of Police include law enforcement factors, facilities and facilities as well as legal culture of people who do not understand and comply with the prohibition on illegal Cellular Phone use as mandated in Law Law No. 08 of 1999 concerning Consumer Protection, because there are neglected consumer rights there and those actions are also very detrimental to the State from the tax sector.

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