Black Market in Indonesia

Starting from the entry of the globalization era that we all know together and even as we feel today. Where there are no more boundaries between countries because every event that occurs in any part of the world can now become global consumption that can be witnessed and directly accessed by millions of human eyes without having to come to it and this is what is happening in our beloved country Indonesia.

Talking about globalization, of course this process has a positive impact as well as a negative impact, one of which is the growth of the black market, it is up to us to see and interpret it from what point of view. If we take advantage of globalization by doing positive things, then we will feel the great benefits that we will get and maybe not only us but also benefit the people around us, the nation and also the State. On the other hand, if the era of globalization is used for negative things, one of the goals is to enrich and prosper oneself without thinking about the impact on society, nation and state then this will be a disaster that can have a major impact on the economic, legal and social balance of a country or region .

With no more boundaries between regions or countries where we can see and know the various things we want both things related to the black economy, information and news, domestic and foreign products, culture and customs, public figures and other things. This indirectly causes drastic and very significant changes, especially in terms of lifestyles and levels of consumption, especially in foreign products which are the origin of illegal trade or what we often use with the black market. so that in Indonesia itself, to limit and minimize unwanted things, especially those related to violations of the Indonesian law and defense system, the Indonesian government has made general and official rules and laws in accordance with the 1945 Constitution which applies throughout Indonesia.

As we know, Indonesia is a rule of law, all actions and actions, whether intentional or unintentional, all exist and are contained in the laws and regulations of Indonesia. Therefore, in national and domestic economic activities, there are objects or goods that are allowed and not allowed to enter and be traded in Indonesia such as prohibited goods or products without permits, which can endanger the growth rate of the golden generation and the economic system of the Indonesian nation. However, in fact, globalization and increasing technological advances have gradually eroded and eroded the ethics and identity of the Indonesian people, we can see this from the increase in foreign goods and products that are not allowed to enter Indonesia because they are contrary to existing laws. such as ingredients for narcotics, liquor, prostitution to food that contains prohibited substances, the level of demand in Indonesia is increasing. Even the sophistication of technology and social media which was expected to be a steering wheel for this nation can bring control in this era of globalization. it is very sad that progress on this matter turns out to be a tool and opportunity for some individuals who are Indonesian people to get profits and wealth quickly, cheaply and easily but violate the provisions and laws in Indonesia and harm the economy of the State.

So in this article, allow me to discuss the black market in Indonesia. In this article, we will focus on knowing what is the black market? What is the background for the growth of the black market? How is the progress of the black market in this pandemic condition? What is the law in Indonesia regarding illegal trade ?. what causes the level of consumption of goods traded and traded on the black market to continue to increase as if the law is no longer being ignored, but as if the law was not made to be implemented but on the contrary to be violated and misused by persons who have the ability and have an interest in this? from the black market, especially for the Indonesian state's economic system? What are the cases related to the black market in Indonesia? And finally, what are the solutions in overcoming and reducing illegal or black market trading activities in Indonesia?

What is the black market?

The black market is a sector of economic activity that involves illegal economic transactions, in particular the illegal buying and selling of merchandise. The goods themselves could be illegal, such as the sale of weapons or illegal drugs, merchandise could be stolen, or merchandise may be otherwise legal goods sold illegally to avoid paying taxes or license terms, such as cigarettes or unregistered firearms. The name black market seems familiar to us, it is nicknamed the black market because the entire process of economic transactions is outside the legal provisions that apply in a region or country. Where the operation will cause losses to both consumers and the state in terms of state tax revenue.

What is the background of the black market in Indonesia?

The reason for all the reasons behind the growth of the black market in Indonesia is the prohibition or restriction of certain goods by the government. The prohibition is not without reason, everything that is not allowed to enter the country of Indonesia is of course the goods or objects are contrary to Government Regulations, laws, social and culture in Indonesia, while on the other hand the existence of globalization has a major effect on the consumptive level of Indonesian society. especially products from abroad that are not allowed to enter Indonesia, resulting in smuggling.

there are parties who want to find large and fast profits without having to pay large costs, supported by parties who need the product without having to pay large costs, this is the forerunner of the growth of illegal markets that develop well, then when state restrictions are getting bigger weight, such as during a ban or distribution. However, black markets are normally present in both economic capitalism and socialism. The term black market in English is known as illicit trade or now better known as the black market.

The government prohibition or restriction can be various ways, prohibition means dealing with criminal law (for example: drugs, explosives, weapons). While restrictions can be in the form of high taxes (for example: cigarettes, liquor), strict conditions (meaning for the benefit of the people, for example: timber), licenses and / or intellectual property rights (HaKI) owned by a person or company can become the legal basis for the government to prohibit pirated goods, quotas (for example: rice, sugar), and others. The source of the black market can also be in the form of clandestine because it is against the norms of society, such as prostitution, pornographic goods, amulets, black magic, and others.

How is the black market progressing amid the pandemic?

As we experience at this time, the Covid-19 pandemic has changed the system from face to face to scan to scan. This condition forces us to inevitably have to have electronic devices that can support business activities, meetings and education to switch functions using cellphones or laptops and other electronics to carry out virtual remote activities. So that this condition forces everyone to have a serular telephone, on the other hand, due to the pandemic the economy of the community has dropped dramatically due to the many layoffs due to companies closing down. So that in the midst of pressure the cost of living is getting higher and the level of production in the midst of a pandemic is getting lower, many people choose shortcuts such as buying and selling cellphones illegally. This is causing the black market growth rate to increase even further in the midst of the pandemic.

What is the law in Indonesia regarding the black market?

So the scope of the term black market or black market is quite broad, that is, as long as the trade breaks the law and is carried out outside the official channels, it can be called a black market. So if you sell electronic goods from the black market or black market, you can be sure that you will be subject to criminal sanctions. The next question from you is whether selling electronic goods from the black market or the black market is considered a catch? According to Article 480 of the Indonesian Criminal Code, it is stated that a maximum imprisonment of four years or a maximum fine of sixty rupiahs is imposed due to detention:

1. Anyone who buys, rents, exchanges, accepts a pledge, receives as a gift, or with the hope of gaining profit, sells, rents, exchanges, pawns, transports, keeps or conceals something which he knows or should reasonably suspect, that the object was obtained because of a crime.

2. whoever takes advantage of the proceeds of an object, which is known or reasonably presumed to be obtained from crime. Now, if you sell goods from the black market or the black market, it is almost certain that you also buy from the black market or the black market, then the actions of the siblings include arrest as regulated in the Criminal Code (see article 480 of the Criminal Code) As additional information we can assure that the basis of the sale and purchase is a sale and purchase agreement. One of the conditions for the validity of the agreement as stipulated in article 1320 of the Civil Code ("KUHPer") is the existence of a lawful cause, namely a cause that does not contradict law, morality, or with public order (see article 1337 KUHPer).

So if the electronic goods being sold were obtained from theft, smuggling, detention or obtained by other means that violate the law, it can be said that the sale and purchase is illegal / illegal and the perpetrator can be charged with penalties in the Criminal Code ("KUHP"). And it can even be said to be a receptacle because it has met the elements based on Article 480 of the Criminal Code. So it depends on where you get the electronic goods.

What makes the black market such a prima donna?

1. The government prohibits the circulation of certain goods, so they are sold through the black market. Examples such as firearms, illegal drugs, chemicals that are not traded freely.

2. Trading in stolen goods that do not have official documents that are usually complete in buying and selling transactions.

3. Avoiding taxes or excise collected by the government. Usually these official goods have a number of special provisions and licenses from the government, so they are sold on the black market so they are not taxed. Examples include cigarettes, alcoholic drinks, and firearms.

4. There are restrictions or trade prohibitions on certain goods by the government.

What is the impact of the black market on the State of Indonesia?

The black market certainly has a negative impact on state finances. The first is that the government is losing revenue. The purpose of transactions carried out on the black market is to avoid all taxes and trade administration fees paid to the government. Because of this, the government could lose revenue due to the black market.

Second, the black market creates losses for legal industries. This happens because companies that have legality in carrying out their operations will certainly incur higher administrative and tax costs than companies that are illegal or illicit trade. So that the legal company will provide a higher price due to increased costs and taxation. Meanwhile, non-legal companies do not incur tax fees so that the goods sold will also be much cheaper, so this can threaten the sustainability of companies that have legality.

Third, the black market makes it difficult for the country's economic development. Everything on the black market is illegal and all transactions are not recorded. In the absence of such records, the government will find it difficult to estimate the economic status of the country, why is that? This is because the goods being traded are not tracked in the national economic registration system. As a result, it is also difficult for the government to plan and implement policies for the country's economic development.

Here's an example of the highest case regarding the black market in Indonesia!

1. Illegal logging

Every year, Indonesia loses 648,000 hectares of forest due to illegal logging, forest fires, forest encroachment, and forest conversion. However, the government never knows who the wood is being sold to and where is the proceeds from the illegal timber sale.

2. Counterfeiting of goods

According to the results of the Indonesian Society Anti Counterfeiting (MIAP) survey, Indonesia's losses from counterfeiting of goods were around IDR 4.41 trillion and in 2014 it increased sharply to IDR 65.1 trillion.

3. Drug trafficking

The market price of drugs in Indonesia is higher than other countries in Asia. At least 72 international networks operate in Indonesia. The National Narcotics Agency noted that 3.5 million Indonesians in 2017 used drugs, 1.4 million of whom were regular users and 1 million people were addicts.

4. Illegal fishing

illegal fishing can be accompanied by the smuggling of drugs, weapons and other illegal products. The crime in Indonesian waters is highly organized, supported by large organizational groups, so that it can be said to be a transnational organized crime.

5. Prostitution and human trafficking

The more women are employed as commercial sex workers, the higher the needs of women - this also indicates human trafficking. There are three categories of CSWs in trafficking in women and prostitution, including lower class sex workers, groups of CSWs with structures and networks. pimps, to the upper class or grade A.

Solutions to prevent and reduce the growth rate of the black market in Indonesia

From the description of the material above, in my opinion, there are a number of solutions that can be made in terms of fighting and suppressing illegal trade or black market figures in Indonesia, including:

1. A joint commitment from the government, society and all levels involved which not only seek and punish the perpetrators who are directly related to the smuggling of illegal goods but also investigate and search for internal persons, whether they are collectors, even state apparatus if proven to help smooth the passage of goods at the time of inspection of goods entering Indonesia, it must be strictly followed up without exception.

2. Build coral movements, political movements and legal movements that involve all stakeholders and the community.

3. Then in my opinion the government needs to continue efforts to eradicate illegal fishing during the reign of Mrs. Susi Pudjiastuti, namely not to hesitate to catch, destroy and sink foreign vessels fishing in the Indonesian sea without a permit so that it can cause a lack of income from Indonesia's marine wealth.

4. There must be efforts in the form of regulations that cover trading activities at the border so that the black market turns into a 'light market', because the state has suffered a lot of losses in terms of tax revenue.

5. There needs to be a regulation that covers trading activities at the border so that the black market turns into a 'light market', because the state has suffered a lot of losses in terms of tax revenue.

6. Six, there needs to be economic empowerment of border communities and also make peace-building and peacekeeping programs and must improve cross-sectoral coordination, both vertical and horizontal institutions.

Conclusion:

The black market is an economic transaction activity that is carried out illegally without a permit and violates the laws applicable in a region or country. Where the result of this black market causes state losses due to the absence of income from the taxation sector. In Indonesia, the black market has developed in various ways, from illegal logging, counterfeiting of goods, sales of prohibited goods and so on. Therefore what must be done to suppress the rate of black market, the government and all levels of society must jointly build commitment and synergy in preventing the growth rate of the black market in Indonesia.

Reference:

Wikipedia, Kompasiana, Pluang, Hukum Online 

Hukum Bisnis Untuk Perusahaan:Dr.Abdul R saliman.S.H., MM. :277 hlm:Kencana:copyright 2005.