Legal Sanctions Against Perpetrators Who Destroy or Remove Evidence in Criminal Cases

Abstract

This study aims to analyze the status of physical evidence within the criminal evidentiary system pursuant to Article 235 of Law Number 20 of 2025 concerning the Criminal Procedure Code (KUHAP), and to examine the forms of liability and legal sanctions applicable to perpetrators who destroy or remove physical evidence before it is formally submitted as evidence, in accordance with Law Number 1 of 2023 concerning the Criminal Code (KUHP). The study employs a normative legal research method, utilizing both statutory and conceptual approaches. The findings indicate that Article 235 of the KUHAP exhaustively lists five types of admissible evidence: witness testimony, expert testimony, documents, indications, and the defendant's statement. Although physical evidence is not classified as a standalone category of evidence, it plays a strategic role in reinforcing other forms of evidence particularly by establishing indications and supporting the proof of the elements of a criminal offense. The destruction or removal of physical evidence prior to trial proceedings constitutes an obstruction of justice and is subject to criminal sanctions under Article 278 of the 2023 KUHP. This provision prescribes imprisonment and/or fines for any person who intentionally conceals, damages, or destroys physical evidence related to legal proceedings. Thus, Indonesia's criminal justice system, through the 2025 KUHAP and the 2023 KUHP, provides normative protection for the integrity of the evidentiary process and ensures criminal liability for any act that obstructs the course of justice.