Analisis Yuridis Terhadap Perlawanan Pihak Ketiga (Kreditur) Terhadap Perampasan Objek Pembiayaan Sebagai Barang Bukti Dalam Kasus Tindak Pidana Narkotika

Efendi, Adam (2020) Analisis Yuridis Terhadap Perlawanan Pihak Ketiga (Kreditur) Terhadap Perampasan Objek Pembiayaan Sebagai Barang Bukti Dalam Kasus Tindak Pidana Narkotika. Other thesis, Universitas Islam Riau.

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Abstract

Third Party Resistance in this case is PT BCA Finance as a Creditor as a result of the sound of the decision "vehicle seized for the State" amounting to Rp. 442,729,308, - (four hundred forty two million seven hundred twenty nine thousand three hundred and eight rupiah). There are parties injured due to the confiscation carried out by the Pekanbaru District Prosecutor's Office against fiduciary security objects in the form of 1 (one) unit of Mitsubishi Pajero Mitsubishi Sport Dakar 4X2 in white color, which is considered as a result of Narcotics crime committed by Suparto as a Consumer. So here the authors feel that this matter is a consideration by the Pekanbaru District Attorney's Office regarding the object or items which are confiscated, so that no other party will be harmed by the confiscation. Based on the background above, the problem that will be answered is the writing of this thesis, including: Resistance of Third Parties to Deprivation of Financing Objects as Evidence in Narcotics Crime Cases, and Position of Financing Objects as Evidence of Confiscated Narcotics Act Results as a Third Party Right . This type of research is an observational survey by survey, which is a study that takes data directly from the population with a data collection tool that is an interview, after which the data is taken and processed to obtain conclusions with the deductive method. Meanwhile, when viewed from its nature, then this research is descriptive in nature, research that explains in clear and detailed sentence form. Resistance of a third party against the appropriation of financing objects as evidence in a narcotics crime case that there is resistance by a third party, because the contrarian does not agree with the confiscation carried out by the Prosecutor's Office who has confiscated 1 (one) unit of the Mitsubishi Pajero Sport Dakar 4X2 white color which becomes collateral or object of financing carried out by the perpetrator as a consumer with PT. BCA Finance as a creditor. The position of the object of financing as evidence of confiscation of narcotics crime which is the right of a third party that the object of financing is the property of a third party or contender in this case is PT. BCA Finance as the creditor and prosecutor does not have the right to 1 (one) unit of the white Mitsubishi Dajero Sport Dakar 4X2 used by the perpetrator as a suggestion to commit narcotics crime, therefore confiscation and seizure carried out through the decision of the Pekanbaru District Court absolutely have no executive power, because there are still interests of the opposing party, namely a third party to the object of financing used by the offender in committing a narcotic crime

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