Law Enforcement

General

One of the Indonesian Customs tasks and functions is to prevent and combat smuggling into Indonesia through the sea, air, and land frontier.  In addition to this, Indonesian Customs is also empowered to secure and enforce various regulations/provisions administered by other Government Agencies concerning the welfare of the nation, public health, safeguard the national economy, and other social and cultural interests.

For those purposes, Customs is maintaining coastal and air surveillance and undertaking control of 50 seaports and 17 airports, e.g. Tanjung Priok in Jakarta, Tanjung Perak in Surabaya, Belawan in Medan, Teluk Bayur in Padang, etc. (seaport), Sukarno-Hatta in Jakarta, Ngurah Rai in Bali, Polonia in Medan, etc. (airports). In order to do its job properly, Customs is equipped among others with  Speedboats,  Light Aicrafts, Radars, Firearms, Motor Cars, X-Ray,  Cameras and Binoculars, Radio Communication Equipment, Narcotics Test Kits, Computers, and Detector Dog Unit.

Enforcement Support from Other Government Agencies

The Customs Administration maintains close cooperation with other government agencies to the following cases:

• Importation of firearms and ammunitions (Department of Security and Defense);
• Prohibition against importing printed matters in Chinese characters, audio-visual recording in Chinese language (Attorney General), control over the importation on certain drugs (Department of Health);
• Prohibition   against  importing/exporting certain  species  of  fish (Department of Agriculture);
• Preventing the illegal exportation of endanger species (CITES) (Department of Forestry);
• And  more120 other regulations and restrictions.

With regard to narcotics control, the Indonesian Customs is also a member of BAKOLAK Inpres 6/1971 which is the highest coordinating bodies and responsible for a national strategy on drug abuse.

Under the Indonesian Customs Law of 1995, Customs has the power to the followings:

Customs officials are empowered to stop and examine suspected persons, all means of transport, goods, and receptacles as well as to investigate premises and buildings and also to carry out search. In case of arrest, the power is only applicable for the purposes of examination and interrogation suspected persons for a period deemed necessary.

Customs officials are competent to place an official mark, seal, and lock on all means of transport, loading space, and goods in transport if it is deemed necessary to ensure the rights of the State. Anything liable to forfeiture, under the cited Customs Law, may be seized at anytime and be kept in Customs Warehouses. Seized goods are regarded as unclaimed goods and become property of the State if uncleared within a year and be sold through public auction. The proceeds of auction, after being deducted by the amount of duties, warehouse rental, and other costs, shall be deposited in the State's Treasury for three years since the goods taken into custody. If the untitled party still does not take the rest of the cited proceeds within that period, then it will be accounted for as State's revenues.

Penalties

Punitive measures and settlement for violations of Customs Law are as follows:

• Punitive measures prescribed in Customs Law comprise fine, imprisonment, and confiscation. The most severe punishment is a maximum imprisonment of 8 years and a  maximum fine of Rp. 500,000,000;
• Offenders who are not willing to pay the fine will have their case forwarded to the judicature.