PENERAPAN HUKUM PERAMPASAN BARANG BUKTI DALAM PERKARA ILLEGAL MINING DI KABUPATEN KONAWE UTARA (Studi Kasus Putusan Pengadilan Negeri Unaaha Nomor:110/Pid.B/LH/2020/PN.Unh)

Abstract

The objectives of the study were: 1. To determine the inhibiting factors in the implementation of the criminal investigation process committed by children 2. Efforts to overcome obstacles to the investigation of criminal acts committed by children. This study was conducted in the Criminal Investigation Law area of the Southeast Sulawesi Regional Police using the type of research, namely normative empirical. The data collection methods used were document studies, field surveys and interviews using qualitative descriptive analysis. Based on the results of the study, it can be seen: 1). Inhibiting factors in the implementation of the criminal investigation process committed by children, namely the number of investigators is only 2 (two) people including special child investigators, the quality of investigative skills has not played an optimal role, there are still investigators who do not understand and master the techniques of investigating criminal acts, especially child crimes who handle child cases, the placement of investigators is not proportional or not in accordance with their fields and expertise. 2). Efforts to overcome obstacles to the investigation of criminal acts committed by children, namely the number of investigators is not fulfilled, and investigators are expected to master and understand the techniques of investigation and investigation of criminal acts specifically for child crimes. Efforts (Action Plan) that must be carried out include coordinating with higher leaders or the Head of Human Resources of the Southeast Sulawesi Regional Police to ensure that the number of investigators is met based on the Personnel List (DSP), as well as the provision of adequate facilities and infrastructure, such as laptops and computers as the main tools to support the process of handling each case, both in making examination reports (BAP) and transportation to the scene of the crime (TKP).