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Akibat Hukum Penggeledahan dan Penyitaan Barang Bukti Yang Tidak Sah dalam Pra Peradilan (Studi Kasus Putusan Nomor 1/PID.PRA/2020/PN TLK) Mahfud Anjali, David; Megawati, Wenny
UNES Law Review Vol. 6 No. 3 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i3.1703

Abstract

The case taken for examination was Decision Number 1/Pid.Pra/2020/PN Tlk, Legal Standing in the decision of the case was the Petitioner because the seizure and search carried out by the Respondent were invalid, because the search and confiscation contained an element of coercive effort which violated limits of the Petitioner's Human Rights, therefore the Petitioner requested the cancellation of the goods/objects confiscated by the Respondent because they were not related to the position of the case. The aim to be achieved in this research is to examine the legal consequences of illegal searches and confiscation of evidence in pre-trial based on Decision Number 1/Pid.Pra/2020/PN Tlk and the judge's considerations based on Decision Number 1/Pid.Pra/2020/PN Tlk. The research method used is normative research, because it examines norms, rules, principles and statutory regulations regarding evidence in Pre-Trial. The results of the research show that the legal consequences that arise are a consequence of illegal seizures and searches, so investigators must return the existing evidence to be returned in accordance with the decision of the Panel of Judges. In Case Number 1/Pid.Pra/2020/PN Tlk the judge in deciding the case had considered three aspects, including those based on juridical, sociological and philosophical aspects. The Panel of Judges granted the Petitioner's favor and ordered the Investigator to return the confiscated items according to legal procedures, and declared that the search carried out by the Respondent of the Petitioner's house was invalid, along with all decisions or determinations issued further regarding the search carried out by the Respondent.
Peraturan Daerah Nomor 16 Tahun 2014 tentang Penataan dan Pemberdayaan Pedagang Kaki Lima pada Penegakan Hukum dan Sanksi serta Kendala di Kabupaten Grobogan Wibowo, Fajar Satrio; Listiyarini, Dyah; Megawati, Wenny
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 6 No. 1 (2024): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v6i1.2032

Abstract

This study discusses the Implementation of Local Regulation Number 16 of 2014 regarding the Regulation and Empowerment of Street Vendors in Grobogan Regency. It is triggered by the rapid economic development in the region, which has resulted in a significant increase in the participation of street vendors in economic development efforts through street vending activities, which are increasingly popular among the people of Grobogan Regency. The study examines how the law enforcement is carried out on Local Regulation Number 16 of 2014 concerning the regulation and empowerment of street vendors in Grobogan Regency. Additionally, the research also highlights the sanctions imposed when street vendors violate these local regulations, and identifies the challenges faced by the Municipal Police officers in carrying out their duties to regulate street vendors. The research applies a normative juridical approach in its methodology with a descriptive analysis specification. Despite some challenges faced by the officers in the field, the law enforcement of Local Regulation Number 16 of 2014 regarding the Regulation and Empowerment of Street Vendors in Grobogan Regency continues to proceed in an orderly manner and can be overcome by field officers.