The Urgency of Reformulation of Lending And Use of Confiscation Objects in Criminal Cases

Abstract

This study examines the urgency of reformulating the rules regarding the temporary borrowing of confiscated objects in Indonesian criminal procedure law. The background to this research is the lack of regulations governing the mechanism for the temporary borrowing of confiscated objects, thus creating legal uncertainty for both law enforcement officers and the legitimate owners of the goods. This study aims to analyze the regulations on confiscation and borrowing, identify legal and practical issues, and describe the urgency of reformulating the rules on borrowing as part of the renewal of criminal procedure law. The method used is sociological juridical, with primary data consisting of interviews and official documents from law enforcement agencies, as well as secondary data from books, journals, laws, and related legal documents. The analysis was conducted using descriptive qualitative methods to describe field practices and relate them to applicable legal norms. The research findings indicate that current regulations are inadequate and create practical problems, including a lack of legal certainty, transparency, and accountability, as well as the risk of damage or loss of confiscated items. Reformulation of the rules for the use of confiscated objects is considered urgent to ensure legal certainty, protect owner rights, harmonize institutions, and ensure the accountability of law enforcement officials. Implementation of clear regulations is expected to improve the integrity of evidence, prevent misuse, and strengthen public trust in the Indonesian criminal justice system.