IMPLEMENTASI PENYITAAN BARANG BUKTI DALAM PERKARA TIPIKOR PENGADAAN MOBIL SIAGA DI BOJONEGORO BERDASARKAN PASAL 39 UNDANG UNDANG NOMOR 8 TAHUN 1981

Abstract

This study examines the implementation of evidence seizure in a corruption case involving the procurement of community service vehicles (mobil siaga) in Bojonegoro Regency, which reveals discrepancies between legal norms and actual practices. The research aims to analyze the application of Article 39 of Law Number 8 of 1981 on the Indonesian Criminal Procedure Code (KUHAP) and to identify legal, factual, and policy-related obstacles in its enforcement. This study employs an empirical juridical approach with a descriptive qualitative method through interviews, field observations, and documentation involving law enforcement officers and local government officials. The findings show that the seizure of cash-back funds, procurement documents, and banking transaction records was carried out in accordance with Article 39 of KUHAP, thereby supporting the principles of due process of law and the recovery of state financial losses (asset recovery). However, the seizure of the community service vehicles was not executed due to public utility considerations, creating a dilemma between legal certainty and social benefit. The main inhibiting factors include unclear legal provisions and potential social risks arising from the confiscation of public assets. In conclusion, the implementation of evidence seizure in this case reflects an effort to balance legality and public interest. Nonetheless, more explicit regulations regarding the seizure of public assets are required to ensure consistency and enhance the effectiveness of law enforcement in the future.