Pelaksanaan Lelang Terhadap Barang Rampasan Negara Di Kejaksaan Negeri Pekanbaru

Nusandary, Faradilla (2022) Pelaksanaan Lelang Terhadap Barang Rampasan Negara Di Kejaksaan Negeri Pekanbaru. Masters thesis, Universitas Islam Riau.

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Abstract

The implementation of the state loot auction (Baran) which is regulated in the laws and regulations in the Republic of Indonesia has basically met the needs of citizens, but when it is implemented in the field, there are still many shortcomings both internally and externally. Therefore, seriousness and discipline are needed from the various parties involved, namely the District Attorney, the Pekanbaru State Property and Auction Service Office (KPKNL), auction participants and third parties in order to fulfill the principles of a good auction including: First, the principle of Transparency, Second, the principle of Certainty, Third, the principle of Competition, Fourth, the principle of Efficiency, and fifth, the principle of Accountability so as to make the implementation of these regulations run effectively and efficiently. The implementation of the Auction (Baran) by the Prosecutor's Office through Sub Guidance is regulated in the Decree of the Attorney General of the Republic of Indonesia Number: KEP-089/J.A/08/1988 dated August 8, 1988 concerning the Settlement of looted goods. One example (Baran) of a third party to defend their rights is the decision of a criminal case number: 551/Pid.Sus/2017/PN.Pbr on behalf of the defendant Suriptoaka AkianKe against evidence of 1 (one) vehicle unit at the Pekanbaru District Court. In this case, the author sets the main problem as follows: How is the legal protection for third parties whose goods are confiscated by the state? and what legal certainty can be given to the auction buyer and how the minutes of the auction are recognized as authentic deeds by other agencies. The research method used in this study is included in observational research, namely research using an empirical approach about positive law by means of a survey using interview data collection tools,while the nature of the research is descriptive, namely providing factual and clear data about whether legal protection for third parties whose goods are confiscated by the state at the Pekanbaru District Attorney is in accordance with the principles of a good auction and statutory regulations as well as legal certainty for auction buyers. The results of the study show that legal protection for third parties whose goods are confiscated by the state is for third parties who have good intentions, very few people know about this and the laws and regulations themselves regulate very few third parties with good intentions, including only the Narcotics Law, Legal Formulation of the Criminal Chamber, Circular Letter of the Supreme Court Number 1 of 2017 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber of 2017 as Guidelines for the Implementation of Duties for the Court, Law on the Eradication of Criminal Acts of Corruption, Regulation of the Supreme Court Number 2 of 2022 concerning Procedures for Settlement Third Party objections with good intentions to the decision to confiscate goods that do not belong to the defendant in a corruption case and the 2003 United Nations Convention Against Corruption which was ratified through Law No. 7 of 2006 contains the obligation of the state to protect third parties with good intentions. The legal certainty that can be given to the auction buyer can be seen in the minutes of the auction that exist as a legal deed and have permanent legal force.

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