Implementation Of Criminal Law Enforcement Against Third-Party Objections To The Confiscation Of Evidence Under The Law Number 35 Of 2009

Abstract

This study aims to analyze the implementation of criminal law enforcement regarding the protection of bona fide third-party rights against the seizure of evidence in narcotics crimes based on Article 101 of Law Number 35 of 2009 on Narcotics, and to examine the parameters of judicial considerations in assessing the "good faith" of the objector. The research method used is normative juridical with a statutory approach and a case approach through the analysis of Court Decision Number 1/Keberatan-Pid.Sus/2025/PN Bnj. The results show that although Article 101 paragraph (1) grants extensive authority to the state to confiscate assets used in narcotics crimes, paragraph (2) provides legal protection for third parties through an objection mechanism within 14 days. The case study reveals that the Judge granted the Petitioner's objection regarding the seizure of a Honda Vario BK 6537 MBQ motorcycle because it was proven that the Petitioner was the legitimate owner with no causal relationship or mens rea toward the crime committed by the defendant. In conclusion, protection for third parties in good faith is an instrument of substantive justice to prevent state arbitrariness over constitutionally protected property rights.