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   Prosecutor’S Position in the Third Party Objections the Decision of the Court ThatConfiscating Evidence Goods For the State in Narcotic Criminal Acts  
   
نویسنده Azis Rivanli ,Yoserwan ,Warman Kurnia
منبع International Journal Of Multicultural And Multireligious Understanding - 2020 - دوره : 7 - شماره : 6 - صفحه:348 -365
چکیده    The district court panel of judges interpreted the remedies of third party objections in good faithto the district court's decision that confiscating evidence goods for the state in narcotics crime containedin article 101 paragraph (2) of law number 35 year 2009 concerning narcotics is the same as derdenverzet in the civil procedural law as regulated in article 195 paragraph (6) of hir or article 378 rv. thisis motivated by the absence of an explanation of the objection in article 101 paragraph (2) of lawnumber 35 year 2009 concerning narcotics. problems that arise are : (1) how the prosecutor's position isin the case of a third party objections to the decision of the district court that confiscating evidence goodsfor the state in narcotics crime, (2) how the criteria of third parties who have good faith in the case ofthird party objection to the decision of the court the country that confiscating evidence goods for the statein narcotics crime, and (3) how is the procedure of the third party's objection to the decision of thedistrict court that confiscating evidence good for the state in narcotics crime. to obtain accurate researchdata, normative juridical research methods are used which are derived from secondary data collected bythe author by emphasizing legal aspects related to the problem and related to existing legal material. fromthe results of the study it was concluded that: (1) the prosecutor's position in the matter of a third party infavor of the state court's decision to confiscating evidence goods for the country in narcotics crime wasto represent the state as defendant / defendant on the basis of possession of the object of the dispute thatwas confiscating by the state court in narcotics, (2) the criteria of a third party having a good intention ina case of objection to a district court ruling that confiscating evidence goods for the state in a narcoticscrime is obtaining ownership rights as evidenced by agreement letters, not knowing and not allowing suchevidence goods to be used as a means or tool help commit narcotics crime, and (3) the third partyobjection procedure in good faith against the decision of the district court that confiscating evidencegoods for the state in narcotics crime is filed a third party objection to the prosecutor's office based onderden verzet as stipulated in article 195 paragraph (6) hir within 14 (fourteen) days after theannouncement of the first level court decision.
کلیدواژه Narcotics Crime ,Prosecutor'S Position ,Third Party Objection
آدرس Andalas University, Faculty Of Law, Indonesia, Andalas University, Faculty Of Law, Indonesia, Andalas University, Faculty Of Law, Indonesia
 
     
   
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