RETURN OF CONFIDENTIAL ITEMS TO THE CONVICTION
In relation to confiscated goods which were not the result of a criminal act, the Supreme Court once ordered the Corruption Eradication Committee (KPK) to return the confiscated goods to the convict. The convict has sued the Corruption Eradication Commission (KPK) in court and the judge granted the lawsuit.
Supreme Court Decision No. 2580 K/Pdt/2013 contains the legal rule: “If goods are confiscated in a criminal case that are not the result of a criminal act, the status of these goods is personal property, so they fall within the realm of civil law”: “Goods that are not the result of a crime , and does not include evidence used in a criminal act, which is confiscated in a criminal case by investigators is an act without any legal basis and is an unlawful act which harms the subjective rights of the cassation applicant/plaintiff.
Source:
Article entitled: “Auction of Confiscated Objects Before a Decision Has Permanent Legal Force”, by: Muhammad Yasin, Hukumonline.com, 5 November 2020.
Regards,
Fredrik J. Pinakunary