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Legal Analysis on Accountability for the Management of Evidence for Narcotics Crimes Sipakkar, Erwin Juliandi; Siregar, Abdul Rahman Maulana; Syahranuddin, Syahranuddin
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.11255

Abstract

The management of evidence in narcotics criminal cases is the most important stage in the criminal justice system because it is directly related to evidence and legal certainty. Inaccuracies in the administration, storage, and destruction of evidence have the potential to cause abuse of authority, loss of evidence, and even weaken the law enforcement process. This study aims to analyze the legal aspects of accountability for the management of evidence of narcotics crimes in the South Nias District Attorney's Office, identify the management mechanisms applied, and assess the obstacles that affect the effectiveness of its implementation. The research method used is empirical legal research with a legislative approach. Data was obtained through a literature study of regulations related to evidence management and interviews. The results of the study show that the management of evidence has been carried out according to administrative procedures, starting from receipt, recording, storage, to destruction, but obstacles are still found in the form of limited storage facilities, lack of human resources, and not optimal supervision. Legal accountability in the management of evidence is based on the principles of office accountability, administrative responsibility, and potential criminal liability in the event of irregularities. Therefore, it is necessary to strengthen the supervision system, digitize administration, and increase the capacity of the apparatus to ensure transparency and integrity in the management of evidence. This research is expected to make a conceptual and practical contribution in improving the professional and fair governance of narcotics evidence.
Analysis Of Abuse Of Authority By Civil Servants In Corruption Crimes (Decision Study No. 141/Pid.Sus-Tpk/2024/Pn Mdn) Tarigan, Diva Sadarta; Hasibuan, Aulia Rahman Hakim; Syahranuddin, Syahranuddin
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i1.11361

Abstract

This study aims to examine the legal framework governing the abuse of authority by civil servants acting jointly in receiving gifts within corruption offenses, as well as to conduct a juridical analysis of the elements of “Abuse of Authority” and “Joint Acceptance of Gifts” as corruption crimes in Decision Number 141/Pid.Sus-TPK/2024/PN Mdn. This research employs a normative legal method with a descriptive approach, carried out through library research by examining primary, secondary, and tertiary legal materials, including the Anti-Corruption Law and the Criminal Code. The results of the study indicate that, normatively, the regulation concerning abuse of authority and the acceptance of gifts by civil servants has been clearly stipulated under Article 11 and Article 12B of Law Number 31 of 1999 as amended by Law Number 20 of 2001, which classifies such acts as formal offenses. In the context of participation, criminal liability for perpetrators acting jointly refers to the doctrine of participation (medepleger) under the Criminal Code, which requires a unity of intent and conscious cooperation. In Decision Number 141/Pid.Sus-TPK/2024/PN Mdn, the panel of judges held that all elements were fulfilled based on the defendant’s status as a civil servant, the receipt of money related to official authority, and the repetitive nature of the acts. However, substantively, there is a lack of in-depth elaboration regarding the causal relationship between the concrete authority of the office and the receipt of gifts. In addition, there is an imbalance between the term of imprisonment and the amount of restitution imposed, raising issues of proportionality in sentencing. Therefore, consistency in juridical reasoning and the application of the principle of proportionality are necessary to strengthen the effectiveness of law enforcement in corruption cases.