Peran Penyidik Polri dan PPNS Bea Cukai dalam Memberantas Tindak Pidana Penyelundupan

Abstract

Investigator are police officers or civil officials who were given some special authority by law to conduct investigations, investigator's role in the legislation is to seek and gather information and evidence to determine whether an event that happened, reported, complained, isa crime or not, if the results of the investigation is shows that it isa criminal act, then investigator find and collect evidence to make clear of a crime that had happened and found the suspect.

‘A factor which distinguishes police investigator and civil investigator in the conduct of law enforcement based on statutory provisions as follows: Indonesian National Police Investigator can conduct an investigation on general criminal offenses and other criminal acts which spread outside of the Criminal Code or also known as special criminal offenses. civil investigators can only conduct investigations on a few particular crimes, in which became the legal basis. In the event concourse of crime or cases handled by civil regarding some authority or law concerning authority that is not within their power, investigation will be conducted by police investigator. Indonesian National Police Investigator are the functional supervisors of civil when the supervisors are not civil officials.

‘The role of Indonesian National Police Investigator and Customs investigators in eradicating smuggling act is not yet effective, efficient, integrated ‘and coordinated and also not yet synergized in between Indonesian National Police Investigators and civil as a result of investigator dichotomy stated in the Law No.17/2006 which was than amended by law 10/1995 on Customs and the Government Regulation No.55/1996 regarding Customs criminal investigation.

‘Law No.10/1995 on customs has produced a component or subsystem in the criminal justice in Indonesia, which is Customs Investigator as single investigator. On the other hand, police investigator in the Customs Act can conduct investigations in certain situations or customs investigator are not allow to conduct investigation as stipulated in Government Regulation No.55/1996 on criminal investigations in the field of customs and excise, the investigation’s dichotomy could impede the eradication of "smuggling act.

Government Regulation No.55/1996 which is the implementation regulation of Law No10/1995 regarding Customs is in contrary to the Law 'No.8/1981 on the Law of Criminal Procedure, in accordance with the Principles of Legislation that the regulations should not be less conflict with higher regulations (Lex Superiori Derogat Lege Inferior, Lex Superiori Derogat Lege Inferior)

‘Amendment to Article 112 of Law No.10/ 1995 on customs as changed by State Law No. 17/2006 is necessary for effectiveness and efficiency in eradicating the crime of smuggling, consequently, with no restrictions on the authority of the Indonesian National Police Investigator and Customs Investigator on Customs Law, the criminal investigation can be integrated, coordinated and a synergistic relationship can be created between police investigator and customs Investigator in a unified criminal justice system.