PROSES PENGEMBALIAN KENDARAAN BERMOTOR YANG DIJADIKAN BARANG BUKTI DALAM PROSES PERADILAN DI KEJAKSAAN NEGERI KOTA PEKANBARU
ABSTRACT: In fact, there are
many people / citizens were negligent in carrying out obligations so that has a
violation of law. A person will be unlawful by the court and the judge can convict
it if receiving at least two valid evidence in the court. Against each item of
evidence which has been ready for use in the trial, or no needed or set aside
for the public interest or not enough evidence, the evidence may be returned as
set out in Article 46 paragraph (1) and (2) Criminal Procedure Code. Evidences
include motor vehicles, knives, weapons, clothes, laptops, mobile phones and
other objects related to use when committing a crime. In this case, the public
prosecutor is given the authority by law to prosecute and execute the
determination of the judge in the process of returning the evidence. However,
in the process of return of evidences, especially motor vehicles, the prosecutor
having problems and not just the prosecutor, the community also experienced
problems to take their motor vehicles. Based on the above, the authors are
interested doing research with the title of the return process in motor
vehicles used as evidence in judicial proceess in the district attorney
Pekanbaru. This essay aims to determine the return of motor vehicles used as
evidence in judicial proceedings in the district attorney Pekanbaru City and
also to understand the constraints faced by the prosecutor in the proceess of
return the motor vehicles which used as evidence in judicial proceedings in the
district attorney Pekanbaru City and to know what is done in an effort to overcome
the obstacles in the return of motor vehicles used as evidence in judicial
proceedings in the district attorney Pekanbaru. Based on the results the
process of return the vehicle shall be furnished administrative requirements,
the barriers faced by the prosecutor is an incompleteness of the requirements
by the public administration, the court decisions returns the evidence to the defendant, the lack of facilities and
infrastructures. While from the constraints of society is theirmust pay the fee
for taking their motor vehicle. In an effort to overcome these obstacles, the prosecutor
asked public to complete the administrative requirements, asked the defendants
to contact their family to take the motor vehicle, make a report to the
addition of facilities and infrastructures and add members of the personnel
section of the exhibits. The conclution are the process of return motor
vehicles are not in accordance with Article 46 of the Criminal Procedure Code
and Case Management SOP General Crime, still not complete the administrative
requirements of the public, the defendant did not contact the family, lack of
facilities and infrastructures and members of the personnel section of the
exhibits. The authors suggestion are motor vehicles should be returned quickly
and easy so that people can conduct their activities.
Penulis: Margerytha Wulandara
Hb
Kode Jurnal: jphukumdd151251
