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.
This type of research is sociological research conducted at the Karimun
District Attorney's Office. 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 Nitrat
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.
This type of research is sociological research conducted at the Karimun
District Attorney's Office. 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 Nitrat
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