Research Article
Juridical Review of The Goods Decision Evidence of Economic Value for Destroyed
@INPROCEEDINGS{10.4108/eai.16-4-2022.2319842, author={Niken Dwi Astuti Desmawati and Rineke Sara}, title={Juridical Review of The Goods Decision Evidence of Economic Value for Destroyed}, proceedings={Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2022}, month={8}, keywords={castration; sexual crimes; child protection}, doi={10.4108/eai.16-4-2022.2319842} }- Niken Dwi Astuti Desmawati
Rineke Sara
Year: 2022
Juridical Review of The Goods Decision Evidence of Economic Value for Destroyed
ICLSSEE
EAI
DOI: 10.4108/eai.16-4-2022.2319842
Abstract
A judge’s decision regarding evidence in a criminal case does not rule out the possibility of causing problems in the future, including the emergence of material losses, namely the convict’s belongings used in the crime and used as evidence that was not returned to the defendant for destruction. This type of research is library research. The data or materials needed to complete the research come from the literature in journals, books, research reports, etc. Data collection is obtained from secondary legal materials, and the approach is normative. A normative juridical approach is taken to seek the truth by looking at the principles in the provisions of the law. The results of this study include, among others, the regulation of positive Indonesian law regarding the seizure of evidence of economic value to be destroyed, which has been regulated in Article 194 paragraph (1) of the Criminal Procedure Code and is one of the additional penalties and is regulated in Article 10 letter b number 2e of the Criminal Code and Considerations The judge in deciding the destruction of evidence in the case of theft by weighting takes action on the fate of the evidence in the form of 1 (one) motorcycle belonging to the defendant under Article 194 paragraph (1) of the Criminal Procedure Code.
