In order to achieve the wise of Indonesia state likes those which has been
established in the Constitution of 1945 and participate in maintain the world order
of which based on the independence, everlasting peace and social fairness, thus
the development policy of which is polarized to the evenly development and its
results need to be maintained and secured from various barriers and threats of
which are the impacts of the globalization era. One of the barriers and threats is
the misuse and illegal distribution of alcoholic drinking, in particularly by reason
of Indonesia is an archipelago island and its strategic location to international
traffic. It is similar to Yogyakarta Municipality of which is not merely as a student
city and cultural city, however it is also a tourist destination city, thus it is very
riskier towards the misuse and distribution of illegal alcoholic drinking.
Presidential Decision Number 3 of 1997 on the Supervisory and Control of
Alcoholic Drinking those which is meant by alcoholic drinking is “a drinking
which contains ethanol of which is processed from the result of agricultural
product containing carbohydrate by fermentation without distillation, either by
giving or no give treatment initially.
Based on background of the problem aforementioned above, thus the
problem formulation compiled in this legal writing are:
1. How are the efforts of Poltabes as legal enforcing apparatus in overwhelming
the illegal distribution of alcoholic drinking in Yogyakarta municipality?
2. What barriers faced by Poltabes of Yogyakarta in overwhelming the illegal
distribution or alcoholic drinking.
The distribution of alcoholic drinking in area of Yogyakarta has very
strong correlation to various kinds of criminal action, e.g. violence, extortion,
robbing. The criminal action was conducted for fulfilling the necessities of those
who has been addicted. In overwhelming the distribution of alcoholic drinking, it
was conducted through two ways:
1. The effort of non-penal overwhelming comprises of preemptive and
preventive actions.
2. The consolidation to the society i.e. an effort of the activity for society to
inform and conduct some efforts.
The widely distribution of alcoholic drinking is a barrier for the legal
enforcing apparatus, to look for any effort to prevent and minimize and eliminate
the distribution of alcoholic drinking.
The conclusion of the result of this research is the illegal distribution of
alcoholic drinking is closely related to various kinds of criminal act of which often
happen in society, whereas the criminal action is conducted by purpose for
fulfilling the needs of alcoholic drinking of which has been addicted by alcoholic
drinking. For overwhelming the illegal distribution of alcoholic drinking, i.e. nonpenal
and penal efforts, i.e. the preventive efforts are perceived as more effective
rather than penal effort (taking measures).