Tinjauan Yuridis Terhadap Pengaturan Barang Bawaan Penumpang Dan Impor Komersial Dalam Perspektif Sistem Hukum Kepabeanan

Abstract

All activities related to the movement of goods into and out of the customs territory are regulated under Law Number 17 of 2006 concerning the Amendment to Law Number 10 of 1995 on Customs, along with several implementing regulations in related sectors. Although these regulations have been in force for a considerable period, normative ambiguity still persists. One example is the practice of personal shopping services (jastip), which exploits the customs duty exemption facility for passengers’ personal belongings, even though such activities substantively fall under the category of commercial importation. However, there are no clear criteria defining commercial importation, and its determination largely depends on the discretion of customs enforcement officials. This research is limited to normative legal analysis, focusing on statutory regulations in the field of customs that govern the definition and mechanisms of importation. The study concludes that there is a need for legal reform to establish clear and measurable criteria in distinguishing personal goods from commercial goods, through objective indicators such as quantity, uniformity, frequency of carriage, and the intended use of the goods.