PRETRIAL JUDGE’S AUTHORITY IN ADJUDICATING ADMINISTRATIVE ACTIONS BY THE DIRECTORATE GENERAL OF CUSTOMS

Abstract

The Directorate General of Customs and Excise has both administrative and law enforcement authority, which judges commonly interpret as including investigative powers, leading to the approval of pretrial requests for administrative actions. This research utilizes normative legal research with a descriptive qualitative approach, using qualitative analysis techniques and a range of legal materials. It finds that interpretations of administrative authority among pretrial judges vary, with only two out of five considering it beyond pretrial scrutiny. This suggests a potential overreach in judicial interpretation regarding the administrative actions of Customs and Excise. The research recommends issuing a Supreme Court Circular or amending the Customs and Excise Law to clearly define and limit such authority, thereby preventing expansive judicial interpretation of enforcement powers.

Keywords

• pretrial authority adjudicating administrative
• customs
• excise