Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments
The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court...
| Main Authors: | , , , , , |
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| Format: | Article |
| Language: | English |
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Sriwijaya University
2024-01-01
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| Series: | Sriwijaya Law Review |
| Subjects: | |
| Online Access: | http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/2726 |
| _version_ | 1797279617604648960 |
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| author | I Gede Widhiana Suarda Evan Hamman Bayu Dwi Anggono Fendi Setyawan Moch. Marsa Taufiqurohman Zaki Priambudi |
| author_facet | I Gede Widhiana Suarda Evan Hamman Bayu Dwi Anggono Fendi Setyawan Moch. Marsa Taufiqurohman Zaki Priambudi |
| author_sort | I Gede Widhiana Suarda |
| collection | DOAJ |
| description | The illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia. |
| first_indexed | 2024-03-07T16:27:38Z |
| format | Article |
| id | doaj.art-7e7927ba3b2444e788c53d9b303a8797 |
| institution | Directory Open Access Journal |
| issn | 2541-5298 2541-6464 |
| language | English |
| last_indexed | 2024-03-07T16:27:38Z |
| publishDate | 2024-01-01 |
| publisher | Sriwijaya University |
| record_format | Article |
| series | Sriwijaya Law Review |
| spelling | doaj.art-7e7927ba3b2444e788c53d9b303a87972024-03-03T14:28:38ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642024-01-0181385910.28946/slrev.Vol8.Iss1.2726.pp38-59635Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent JudgmentsI Gede Widhiana Suarda0Evan Hamman1Bayu Dwi Anggono2Fendi Setyawan3Moch. Marsa Taufiqurohman4Zaki Priambudi5University of JemberQueensland University of TechnologyUniversity of JemberUniversity of JemberUniversitas PadjadjaranUniversity of JemberThe illicit cigarette trade has begun to receive scholarly attention globally. Empirical studies on the illicit cigarette trade are available in the context of Indonesia. However, the Indonesian judicial system lacks a focus on treating illegal practices. To fill the gap, we examine Indonesian court decisions involving the illicit cigarette trade between 2010 and 2019. We provide an overview of the enforcement of Indonesia’s Excise Law 2007 relating to offences related to the illicit cigarette trade. By using a systematic quantitative literature review, we collected data on Indonesian court decisions and found the following: (1) convictions for the practice of illicit trade in cigarettes were relatively steady, with a total number from one to six court decisions annually; (2) certain offences from Indonesia Excise Law 2007 have not been found in the convictions, suggesting their underutilisation in terms of monitoring and enforcement effort; (3) the primary motivation of illicit cigarette traders as reported through the judicial system is the economic benefit or “profit” available to the enterprise; and (4) the sentencing decisions are dominated by the application of the “cumulative principle” with fines and imprisonment applied at the same time. The finding on the average length of imprisonment for illicit cigarettes, which was around 18 months, shows that this crime has low risk compared with the punishment for illicit trade in drugs and narcotics in Indonesia.http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/2726illicit cigarette tradeexcise law indonesia 2007indonesian criminal lawcigarette excise taxtobacco control policy |
| spellingShingle | I Gede Widhiana Suarda Evan Hamman Bayu Dwi Anggono Fendi Setyawan Moch. Marsa Taufiqurohman Zaki Priambudi Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments Sriwijaya Law Review illicit cigarette trade excise law indonesia 2007 indonesian criminal law cigarette excise tax tobacco control policy |
| title | Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments |
| title_full | Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments |
| title_fullStr | Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments |
| title_full_unstemmed | Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments |
| title_short | Illicit Cigarette Trade in Indonesia: Trends and Analysis from the Recent Judgments |
| title_sort | illicit cigarette trade in indonesia trends and analysis from the recent judgments |
| topic | illicit cigarette trade excise law indonesia 2007 indonesian criminal law cigarette excise tax tobacco control policy |
| url | http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/2726 |
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