CD Skripsi
Implementasi Putusan Pengadilan Terhadap Barang Rampasan Ammonium Nitrate Hasil Tindak Pidana Penyelundupan Di Kabupaten Karimun Provinsi Kepulauan Riau
ABSTRACT
The implementation of the court's decision on confiscated ammonium nitrate resulting from the crime of smuggling in Karimun Regency, Riau Islands Province, which has permanent legal force (inkracht van gewijsde) must execute by the provisions stipulated in Article 45 paragraph (4) Criminal Procedure Code that confiscation to be used for the benefit of the state or to be destroyed and defined by the Circular Letter of the Attorney General of the Republic of Indonesia Number: SE-011/JA/10/1983 concerning the Settlement of Special Assets for Firearms, Gunpowder and Explosives item 2.3, namely confiscated goods cannot be an auction. In its implementation, there is a discrepancy between the legislation and the execution, namely the Karimun District Attorney has conducted an auction of some ammonium nitrate loot. The main problems in this research are: How is the mechanism for implementing court decisions on confiscated ammonium nitrate resulting from criminal acts of smuggling in Karimun Regency, Riau Islands Province; What are the obstacles in implementing the court's decision on the ammonium nitrate confiscated goods resulting from the crime of smuggling in Karimun Regency, Riau Islands Province; How to overcome obstacles in implementing court decisions on confiscated ammonium nitrate resulting from criminal acts of smuggling in Karimun Regency, Riau Islands Province.
This type of research is sociological research conducted at the Karimun District Attorney's Office. Sources of data used are primary data and secondary data. Data collection techniques obtained by interview and literature study. The data were analyzed qualitatively, which produced descriptive data and concluded by a deductive method of thinking.
The result of this study is the implementation of the court's decision on the confiscation of ammonium nitrate resulting from a criminal act of smuggling in Karimun Regency, Riau Islands Province carried out through an execution auction and extermination. The obstacles in its implementation are: Contrary to the Regulation of the National Police Chief Number 17 of 2017 concerning Licensing, Security, Supervision, and Control of Commercial Explosives; There is no specific regulation about seized state asset ammonium nitrate; The issuance of a permit for the destruction of the seized state asset must publish by the Attorney General's Office of the Republic of Indonesia; The high cost of destroying seized state asset ammonium nitrate. Efforts made to overcome these obstacles were: The Karimun District Attorney's Office conducted education to the auction winners regarding the processing of ammonium nitrate transport permits; There is a need for special regulations regarding ammonium nitrate as a seized state asset; Execution must accomplish quickly and decisively; Require a budget for the destruction of the spoils of ammonium nitrate at the Karimun District Attorney's Office.
Keywords: Execution - Seized State Asset - Ammonium Nitrate.
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