Analisis Putusan Tindak Pidana Perdagangan Rokok Ilegal Dalam Putusan Nomor 167/Pid.Sus/2017/PN.Gin Berdasarkan Perspektif Kepastian Hukum

Decision Number 167/Pid.Sus/2017/PN.Gin is an interesting decision to study. The reason is that decisions related to excise crimes are rarely reviewed by many people. In addition, the most important thing is that the decision contains legal problems, namely relating to the imposition of a crime by a judge that is not in accordance with the provisions in Article 54 of Law no. 39/2007. For this reason, the purpose of this legal research is to assess the decision based on the perspective of legal certainty. This study uses a normative juridical method by using a statutory approach, a conceptual approach, and a case approach. The results show that the judge's legal considerations in terms of accuracy and consistency can be considered appropriate because judges make legal considerations consistently and systematically in considering facts and legal basis. However, there is one thing that is not in accordance with the provisions of Law no. 39 of 2007, namely regarding the provision of criminal penalties. In terms of the correctness of interpretation, the judge has interpreted all the elements in Article 54 of Law no. 39/2007. The definitive judge's interpretation model according to the author is indeed not wrong, but it would be better if the judge in explaining each element always relates it to legal facts so that legal conclusions do not seem to tend to be forced. The decision does not fulfill all indicators of legal certainty. One indicator that is not fulfilled is the verdict, especially the sentence of 10 months in prison below the minimum limit which is not in accordance with Article 54 of Law no. 39/2007. The decision contradicts the principles of legal certainty because the judge is inconsistent and deviates from the rule of law. The decision also contains disparities and does not support the rule of law because it is not in line with criminal penalties for other illegal cigarette criminal acts