ANALISIS YURIDIS TINDAKAN PENYITAAN OLEH TNI TERHADAP BUKU YANG TERINDIKASI PAHAM KOMUNISME (STUDI KASUS PENYITAAN BUKU OLEH APARAT GABUNGAN POLRES DAN TNI KEDIRI)
Abstract
The ideology of Communism is prohibited from developing in Indonesia because
it is contrary to the Ideology of Pancasila and endangers the survival of the Indonesian
nation. The prohibition of communist teachings is regulated in Law No. 27 of 1999 on
Changes to the Criminal Code relating to Crimes Against State Security. The government
seeks to eradicate the spread and development of the Ideology of Communism through
various means and one of them through the confiscation of books indicated by
communism. But in practice as in the case of confiscation of books indicated by
communism in Kediri, the act of confiscation of communism books carried out by the
joint police and TNI apparatus in Kediri is contrary to the prevailing laws and regulations
in Indonesia, namely in the Criminal Procedure Law, Constitutional Court Decision No.
6-13-20 / PUU-VIII / 2010 and the law related to regulating the Indonesian National
Army. The purpose of writing this thesis, namely: First, To find out the confiscation
action by the TNI or the book indicated by communism in the case of book confiscation
by the joint police and tni kediri officers is associated with kuhap. Second,to know the
authority of the apparatus to respond to the circulation of books after the Constitutional
Court Decision No. 6-13-20 / PUU-VIII / 2010. Third,To know the actions that should be
taken by the government through the TNI and Polri apparatus against the circulation of
printed goods nuanced by communist understanding in Indonesia.
This type of research is normative legal research and this research is descriptive.
The data sources used in this study are secondary data consisting of primary legal
materials, secondary legal materials and high legal materials, data collection techniques
in this study with literature study methods, after the data is collected then analyzed for
conclusions.
From the results of research and discussion it can be concluded that, first,the
actions of the TNI which is actively involved in confiscating books and bringing books to
Koramil Kediri are contrary to the Criminal Procedure Law. Second, the act of banning
and confiscating a printed item after the Constitutional Court Decision should not be done
arbitrarily, must be done in accordance with the applicable law, namely the Criminal
Procedure Law. Third, the actions of the police and TNI against the circulation of printed
goods nuanced by communism in Indonesia should be done in accordance with existing
laws and regulations in Indonesia, because in its implementation the actions of the TNI
and Polri in confiscating printed goods nuanced by communism in Indonesia are not in
accordance with the applicable law.
Keywords: Confiscation – Communism – Indonesian National Army
it is contrary to the Ideology of Pancasila and endangers the survival of the Indonesian
nation. The prohibition of communist teachings is regulated in Law No. 27 of 1999 on
Changes to the Criminal Code relating to Crimes Against State Security. The government
seeks to eradicate the spread and development of the Ideology of Communism through
various means and one of them through the confiscation of books indicated by
communism. But in practice as in the case of confiscation of books indicated by
communism in Kediri, the act of confiscation of communism books carried out by the
joint police and TNI apparatus in Kediri is contrary to the prevailing laws and regulations
in Indonesia, namely in the Criminal Procedure Law, Constitutional Court Decision No.
6-13-20 / PUU-VIII / 2010 and the law related to regulating the Indonesian National
Army. The purpose of writing this thesis, namely: First, To find out the confiscation
action by the TNI or the book indicated by communism in the case of book confiscation
by the joint police and tni kediri officers is associated with kuhap. Second,to know the
authority of the apparatus to respond to the circulation of books after the Constitutional
Court Decision No. 6-13-20 / PUU-VIII / 2010. Third,To know the actions that should be
taken by the government through the TNI and Polri apparatus against the circulation of
printed goods nuanced by communist understanding in Indonesia.
This type of research is normative legal research and this research is descriptive.
The data sources used in this study are secondary data consisting of primary legal
materials, secondary legal materials and high legal materials, data collection techniques
in this study with literature study methods, after the data is collected then analyzed for
conclusions.
From the results of research and discussion it can be concluded that, first,the
actions of the TNI which is actively involved in confiscating books and bringing books to
Koramil Kediri are contrary to the Criminal Procedure Law. Second, the act of banning
and confiscating a printed item after the Constitutional Court Decision should not be done
arbitrarily, must be done in accordance with the applicable law, namely the Criminal
Procedure Law. Third, the actions of the police and TNI against the circulation of printed
goods nuanced by communism in Indonesia should be done in accordance with existing
laws and regulations in Indonesia, because in its implementation the actions of the TNI
and Polri in confiscating printed goods nuanced by communism in Indonesia are not in
accordance with the applicable law.
Keywords: Confiscation – Communism – Indonesian National Army
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