Juridical Overview of the Authority for the Confiscation of Evidence in the Code of Criminal Procedure and Book II of the Technical Guidelines for Administration and Technical Guidelines for General and Special Criminal Court Proceedings of the Indonesia Supreme Court

Abstract

This study aims to conduct a juridical review of the authority to seize evidence as regulated in the Indonesian Criminal Procedure Law (KUHAP) and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice by the Supreme Court. The research involves the analysis of legal texts, namely KUHAP and relevant technical guidelines, and the review of pertinent literature. The research findings reveal that the Supreme Court clearly outlines the authority to seize evidence in the Indonesian criminal procedure in KUHAP and Book II of the Technical Guidelines for the Administration and Technicalities of General and Special Criminal Justice. However, certain ambiguities and variations in interpretation exist in its practical implementation. Therefore, there is a need for harmonisation and refinement of regulations and an enhancement of the understanding and awareness among legal practitioners regarding the authority to seize evidence. This research contributes significantly to understanding the role of evidence seizure in the Indonesian criminal justice system. It could improve legal practices related to the exercise of this authority.