CD Skripsi

Pelaksanaan Eksekusi Barang Bukti Kasus Pencurian Oleh Kejaksaan Negeri Pekanbaru Pasca Putusan Inkracht

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ABSTRACT
After the court ruling, the execution of evidence of theft cases that in the
case of a conviction or free or free from all lawsuits, the court determines that the
confiscated evidence is handed over to the party most entitled to receive, namely
the party whose name is listed in the decision. Unless according to the provisions
of the law, the evidence must be confiscated for the benefit of the country or
destroyed so that it can no longer be used.
This type of research can be classified as sociological (empirical)
Normative legal research. However, although there are elements of field research
(sociological) in this study, the data analysis method is carried out with a
qualitative approach, because the dominant data used is secondary data or
library data with field data as a complement. This research was conducted in the
jurisdiction of the Pekanbaru District Attorney's Office. Data sources used are
primary data and secondary data. Data collection techniques in this study are the
study of literature and interviews.
The conclusions that can be obtained from the results of the study are:
First, the return of evidence both in terms of procedures and time according to
Article 46 paragraph 2 of the Criminal Procedure Code should have been
decided, then the evidence (objects) mentioned in the decision must have a clear
status, whether returned, seized, or destroyed. Based on article 194 paragraph 3
of the Criminal Procedure Code, an order to hand over evidence is carried out
without any conditions. Second, the Legal Procedure in Execution of Evidence of
Theft Case by the Pekanbaru District Attorney Office After the Inkracht Verdict,
which starts with a case that has received an inkracht decision (a decision that
has obtained permanent legal force) and then the judge makes a letter of excerpt,
the excerpt of the decision comes out 1 (one) the week after the inkracht verdict
(decision that has been granted permanent legal force). The excerpt is then given
to the prosecutor so that the prosecutor immediately makes the minutes of the
implementation of the determination of the judge (BA-6) and makes the minutes of
taking evidence (BA-20). Third, the Constraints of the Prosecutor in Execution of
Evidence of Theft Case by the Pekanbaru District Prosecutor's Office after the
Inkracht Verdict is the person who has been mentioned or explained in the
contents of the decision verdict not to take the evidence, and the person who has
been mentioned in the contents of the old decision in taking the evidence the. So
evidence that is not taken or taken too long results in RUPBASAN becoming full.
Keywords: Execution, Decision, Attorney, Evidence, Criminal Act.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0229)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0229)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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