Analisis Praktik Pungutan Liar Terhadap Usaha Transportasi Dalam Perspektif Hukum Dan Sosial: Studi Kasus Di Kota Jakarta Utara

Abstract

Illegal levies are unlawful practices that contravene the law and harm various parties, yet still commonly found because many communities still provide space and neglect from society for perpetrators to operate. Other terms for illegal levies, such as facilitation fees, informal payments, or security money, reflect the diverse methods by which perpetrators seek illicit gains. This practice is often associated with civil servants, as outlined in Presidential Regulation No. 87 of 2016, which established the Clean Sweep Task Force to address the issue. Although this regulation aims to combat illegal levies that are done by civil servants decisively, illegal levies are also often done by civilians. Legally, illegal levies are not specifically addressed in the Indonesian Criminal Code (KUHP), but they are frequently linked to extortion offenses under Article 368, paragraph 1 of the KUHP. Cases in the North Jakarta District Court demonstrate that illegal levy practices can be subject to criminal penalties. However, the effectiveness of law enforcement remains questionable, as seen in the illegal levy cases in Tanjung Priok. The author identifies that, despite its normative legal violations, illegal levies are often tolerated by the public, who may not trust the effectiveness of law enforcement and thus allow such practices to continue. This study aims to explore this phenomenon and seek a deeper understanding of the causes and impacts on society and legal enforcement.