ANALISIS YURIDIS REGULASI IMPOR BARANG PADA USAHA JASA TITIP BELI DITINJAU DARI PERATURAN KEPABEANAN

Abstract

Personal shopping services for importing goods from abroad have proliferated amid the digitalization of e-commerce in Indonesia, yet they generate inconsistencies with customs regulations under Law No. 17 of 2006 on Customs and Minister of Finance Regulation No. 203/PMK.04/2017 on Provisions for Imports of Goods Carried by Passengers, Transport Crews, Border Crossers, and Consignments. This research analyzes import regulations in jastip practices from the perspectives of customs law and civil law, identifies normative discrepancies with the implementation of jastip agreements as consensual and remunerative contracts per Article 1313 of the Indonesian Civil Code (KUHPerdata), and proposes regulatory refinements.

A normative juridical approach is applied via secondary analysis of legislation, contract law doctrines, and empirical jastip practices. Findings reveal that jastip agreements are frequently classified as deposits (Article 1694 KUHPerdata) or commissions (Article 1618 KUHPerdata), but disguising commercial imports as personal goods results in contractual breaches (wanprestasi), customs duty evasion, and civil liability risks for consumer or state losses. Recommendations include a dedicated framework integrating fiscal duties with civil aspects, such as standardized jastip contract clauses and civil dispute resolution mechanisms