DETERMINATION OF EVIDENCE OWNED TO THE VICTIMS THROUGH PRELIMINARY EXAMINATION IN THE CRIMINAL JUSTICE SYSTEM IN INDONESIA

Abstract

Victims in the criminal justice system will become victims of being re-victimized by the state because they have to wait so long to get their goods as a result of confiscation. Therefore, the problem in this study is how is the construction of the procedural law for determining evidence belonging to a victim of a crime through a preliminary examination based on restorative justice. This study aims to examine the philosophy of confiscation in the criminal justice system, the effectiveness of the criminal justice system regarding the return of confiscated goods, and the formulation of a system for determining the victims confiscated goods through a preliminary examination based on the value of justice. The research method used is normative legal research, namely research using legal positivism. The results of the study stated that the nature of evidence in evidence in the criminal justice system is one of the materials that form evidence instructions and can be used to strengthen the formation of a judges conviction. The function and position of evidence in the criminal justice system in Indonesia are as supporting evidence and preliminary evidence, with a preliminary examination process carried out by the judge to accommodate a request for the return of evidence from a victim.