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VOL. 8, ISSUE 4 (2022)
Legal implications of the storage confiscated and spoils in the class I Rupbasan Banda Aceh
Authors
Mirza Suheri, Mohd Din, Muhammad Insa Ansari
Abstract
The existence of the State Confiscated Objects Storage House (RUPBASAN) as a place for storing evidence related to criminal acts in the criminal justice process Article 44 paragraph (1) of the Law. - Law of Criminal Procedure (KUHAP), which states that confiscated objects are stored in RUPBASAN. But in reality, not all regencies/cities in Indonesia have RUPBASAN so that the regulation in the internal management of law enforcement in the regions does not materialize. This study aims to find out what underlies law enforcement officials not to keep goods and spoils stored at the RUPBASAN Class I Banda Aceh. And, to find out the legal implications that arise if the goods and spoils is not stored at the RUPBSAN Class I Banda Aceh. The research method used is qualitative with an empirical juridical approach. Sources of data obtained from interviews with research informants which include the RUPBASAN Apparatus, Police, and Prosecutors. The results of the study indicate that there are several basics for law enforcement officers not to keep goods and spoils in RUPBASAN Class I Banda Aceh, namely: Polresta/Polres and Kejari already have their own warehouse/evidence storage room; to make it easier for law enforcement officers to examine suspects and witnesses later; the location of the RUPBASAN Class I Banda Aceh which is far from the jurisdiction; and limited budget. Meanwhile, the Banda Aceh Class I RUPBASAN revealed that the law enforcement officers were not serious about the existing rules and the sectoral ego understanding became the basis for law enforcement agencies not to keep new bases at the Banda Aceh Class I RUPBASAN. Meanwhile, the legal implications that arise if the goods and spoils is not stored in the RUPBASAN Class I Banda Aceh have violated the existing rules, namely Article 44 of the Criminal Procedure Code and Government Regulation No. 27 of 1983 as amended by PP No. 58 of 2010 in conjunction with PP No. 92 of 2015 concerning the Implementation of the Criminal Procedure Code which confirms that the goods and spoils must be stored in the RUPBASAN.
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Pages:204-210
How to cite this article:
Mirza Suheri, Mohd Din, Muhammad Insa Ansari "Legal implications of the storage confiscated and spoils in the class I Rupbasan Banda Aceh". International Journal of Law, Vol 8, Issue 4, 2022, Pages 204-210
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