KAJIAN TERHADAP PEMUSNAHAN BARANG SITAAN PSIKOTROPIKA OLEH KEJAKSAAN NEGERI SLEMAN

FEBRIYANTO, . (2010) KAJIAN TERHADAP PEMUSNAHAN BARANG SITAAN PSIKOTROPIKA OLEH KEJAKSAAN NEGERI SLEMAN. S1 thesis, UAJY.

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Abstract

The Constitution of Republic of Indonesia of 1945 firmly determines that the state of Indonesia is a legal state. The Article 53 of the Law Number 5 of 1997 on Psychotropic regulates on the destruction of psychotropic whose one of reason is relating to the criminal action. According to the stipulation in this law, the destruction of seizure item is conducted by the Official of the Attorney and witnessed by the official representing the Police and Department of Health by the established of report of Destruction. The problem emerged and needs to gain the answer in this research was: Whether the implementation of destruction of seizured item by shape of psychotropic has been appropriate to the existing regulation? As well as whether there any barriers in the implementation of destruction of seizured item of psychotropic by the State Attorney of Sleman? The purpose of this research was to find out whether the implementation of destruction of seizured item of psychotropic has been conducted by the State Attorney of Sleman appropriately to the existing regulation? The destruction of seizured item of psychotropic was conducted by the State Attorney of Sleman. The method of research used by the author was normative legal research, i.e. a research conducted based on secondary data. Thus, in this research the data was gained from literary research by using juridical research method, i.e. analyze the problem of the point of view / according to the legal determination/ existing regulations. The suggestion of the author for the emerging problem in this research is; appropriately to the determination of the Article 270 of Civil Code on the implementation of court verdict, the destruction of seizured item of psychotropic should be conducted by the investigator, in addition of having license to the court, it should also be conducted by conducting coordination by the General Attorney and the Head of Warehouse Chamber of State Seizured Item as the part who has authority to conduct the seizured item, in particularly those who has forbidden trait to destruct. For coping with the existing excessive of seizured item warehoused in the State Attorney of Sleman, the problem of warehousing of seizured item shows that the determination of the Article 44 of Civil Code and Government Regulation Number 77 of 1983. From the determination of this regulation there is a legal principle should be consider, i.e. the Article 44 paragraph (1) of Civil Code: The seizured item should be warehoused by the Warehouse Chamber of State Seizured Item.

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