TINJAUAN YURIDIS TERHADAP PENGANGKUT BARANG IMPORT ILEGAL DI WILAYAH KERJA PENGADILAN NEGERI TANJUNG BALAI KARIMUN: (Studi Kasus Putusan Nomor 175/ Pid.Sus/ 2016/ PN. Tbk)

The purpose of this research is to know and analyze the consideration ofjudges in dropping the verdict on the transportation of illegal imported goods;knowing and analyzing the correlation of judges' decisions with Article 102 lettera of Law No. 17 of 2006 on The Truth, and knowing and analyzing the obstaclesfaced by judges in providing the maximum punishment in accordance with Article102 letter a of Law No. 17 of 2006 on The Truth.Article 102B jo Article 102 of the Customs Law shall be regulatedconcerning any person who unlawfully conceals imported goods or transportsimported goods from temporary hoardings or bonded hoards that do not reach thedestination customs office and cannot prove that it is beyond his ability, then isconvicted of smuggling in the import field with imprisonment and criminal fines.The type of research used in the writing of this law is normative juridicalresearch equipped with interviews with judges. This research aims to provide aclear and complete picture by collecting, compiling and analyzing data obtained tosolve problems related to the case of unlawful goods entering Indonesia withoutbeing equipped with valid documents, by defendant Zulkarnain Bin Samsudin(Alm). The basis used by the judge in deciding the case of smuggling crimes is thejuridical aspect of the judge using the provisions contained in article 102 of LawNo. 17 of 2006 amendment to Law No. 10 of 2006 on Customs and the provisionof aspects that relieve and education of the defendants.The results showed that criminalization for smuggling crimes should usea relative theory teaches that criminal prosecution and its implementation shouldat least be oriented towards efforts to prevent convicts from possibly repeatingcrimes again in the future, as well as preventing the general public from thepossibility of committing crimes such as crimes that have been committed byconvicts and others.Keywords: Onion, Criminalization, Customs