Supreme Court Proposes Objection To Confiscation Of Third Party Evidence Regulated In The Criminal Procedure Code Bill

The working meeting of Commission III of the DPR RI together with all partners in the parliament complex, Senayan, Jakarta, Wednesday (12/2/2025). BETWEEN/Through Susthira K.

JAKARTA - The Supreme Court (MA) has proposed that the law of objection to the confiscation of evidence submitted by a third party needs to be regulated in the Draft Law (RUU) concerning Amendments to Law Number 8 of 1981 concerning the Criminal Procedure Law (KUHAP).

Chairman of the Supreme Court Chamber, Prim Haryadi, said that currently there is a special law that gives the rights to third parties as owners of goods to object. One of them is in the laws on narcotics and corruption.

"The third party for the confiscation or confiscation of evidence in criminal cases needs to be published specifically in the draft Criminal Procedure Code," said Prim during a hearing with Commission III of the DPR RI at the Parliament Complex, Senayan, Jakarta, Antara, Wednesday, February 12.

In addition, the practice of filing objections from third parties also occurs in cases outside of narcotics and corruption through a civil lawsuit mechanism. In this case, the Supreme Court has also issued Supreme Court Regulation Number 2 of 2022 concerning Procedures for the Settlement of Third Party Objections.

"The Supreme Court Regulation Number 2 of 2022 concerning Procedures for the Settlement of Objections of the Third Party in good faith against the decision to confiscate goods do not belong to the defendant in a criminal act of corruption," he said.

The Criminal Procedure Code Bill is included in the 2025 Priority National Legislation Program (Prolegnas) proposed by Commission III of the DPR RI.

Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, said that the Criminal Procedure Code needs to be revised because there is already a new Criminal Code Law that will take effect on January 2, 2026.

According to him, the Criminal Code Law contains new values so that the law prioritizes restorative justice, rehabilitation, and restitution, while the current procedural law has not supported the Criminal Code.

"The KUHP is new, like it or not, we really need a new Criminal Procedure Code. At the same time, because there are so many decisions from the Constitutional Court that change the Criminal Procedure Code," said Habiburokhman.

In addition, Commission III of the DPR RI also received aspirations regarding the confiscation of evidence.

According to him, the mechanism for confiscation of evidence needs to be regulated to make it more ideal.

"Well, this is an opportunity for us to fix it. Therefore, I ask for input," he said.