Jurnal Hukum Sehasen
Vol 12 No 2 (2026): Oktober

Analysis of the Execution of the Return of Evidence Items Not Claimed by Their Owners

Noni Merantika Br Marpaung (Universitas Pembangunan Panca Budi)
Abdul Rahman Maulana Siregar (Universitas Pembangunan Panca Budi)
Mhd. Azhali Siregar (Universitas Pembangunan Panca Budi)



Article Info

Publish Date
23 Oct 2026

Abstract

This study aims to analyze the legal regulations governing the execution of returning evidence within the criminal justice system and to examine the legal consequences for evidence that remains unclaimed by its owner after a court judgment has become final and binding. The study employs a normative legal research method, utilizing statutory, conceptual, and case-based approaches. Legal materials were gathered through a literature review of statutes, court rulings, and relevant academic sources, and were subsequently analyzed qualitatively using descriptive-analytical techniques. The findings indicate that the execution of returning evidence to its owner falls within the authority of the public prosecutor as the executor of court judgments. However, existing legal provisions do not explicitly regulate the resolution mechanism for evidence ordered to be returned but left unclaimed by the owner. This regulatory gap creates legal uncertainty, leads to inconsistent practices among prosecutors' offices, and hinders the orderly administration of evidence management. Evidence left unclaimed for extended periods imposes storage burdens, risks of damage and depreciation in economic value, and increased state responsibility for the item's maintenance. Consequently, there is a need to establish specific legal norms governing the deadline for retrieval, the mechanism for notifying owners, the legal status of unclaimed evidence, and the prosecutor's authority to determine the final disposition of such evidence, thereby ensuring legal certainty, utility, and justice within the criminal justice system.

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Journal Info

Abbrev

jhs

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Sehasen (JHS) is a peer-reviewed open-access journal that aims to publish manuscripts of high-quality research as well as conceptual analysis that studies specific fields of law, such as Islamic law, customary/adat law, philosophy of law, fundamental law, legal theory, comparative law, ...