Abstrak
ABSTRACT Law Number 21 of 2019 concerning Animal, Fish and Plant Quarantine is a system for preventing the entry, exit and spread of animal pests and diseases, fish pests and diseases, and plant pest organisms, supervision and control in the territory of the Unitary State of the Republic of Indonesia. The Tarakan City Class II Agricultural Quarantine Center oversees the working area of North Kalimantan province and one district in East Kalimantan Province. Plant quarantine requirements must comply with the provisions that every carrier media imported into Indonesian territory must be equipped with a plant health certificate from the country of origin or transit country for the plant and its parts. Indonesia as a member country of GATT and based on the agreement on the Sanitary and Phytosanitary agreement uses the standards of the International Plant Protection Convention to prevent the emergence of plant pest organisms in plants. This research aims to analyze the legal principles for dealing with plant smuggling and efforts to deal with plant smuggling without a health certificate according to Law Number 21 of 2019. This research applies a type of normative juridical research with a study approach to legal events that occur in the field. This research uses import data from 2020 to 2022 with the legal object of Malundung Port, Tarakan City, as one of the UPTs of the Class II Agricultural Quarantine Center, Tarakan City. Based on the results of the legal analysis, it was found that Article 86 states that every person who enters Carrier Media without completing a health certificate as intended in Article 33 will be punished with a maximum imprisonment of 10 (ten) years and a maximum fine of IDR 10,000,000,000. 00 (ten billion rupiah). The existence of this criminal threat is a criminal policy (penal policy) to prevent criminal acts of smuggling, as well as to eradicate it, even though there are administrative and civil sanctions. The effectiveness of the implementation of Law Number 21 of 2019 which regulates the authority of quarantine officials in carrying out intelligence, special police and investigative functions has been systematic and in sync with the principles of implementing quarantine in efforts to overcome plant smuggling without being equipped with a health certificate from the country of origin as well as efforts to try quarantine criminal cases. Keywords: Agricultural Quarantine Center, authority, health certificate, legal effectiveness.