IMPLEMENTASI PINJAM PAKAI BARANG BUKTI DALAM PERKARA PIDANA BERDASARKAN PERATURAN KEPALA KEPOLISIAN NEGARA REPUBLIK INDONESIA NOMOR 10 TAHUN 2010 TENTANG TATA CARA PENGELOLAAN BARANG BUKTI DI KEPOLISIAN RESOR KOTA PEKANBARU

Abstract

Currently, in the Regulation of the Head of the State Police of the Republic of Indonesia Number 8
of 2014 concerning Amendments to the Regulation of theHead of the State Police of the Republic of
Indonesia Number 10 of 2010 concerning Procedures for Managing Evidence in the National Police of
the Republic of Indonesia there is no provision in the Article which states the cost of borrowing evidence.
However, in reality there are not a few pieces of evidence in criminal cases where if used, the user must
pay a number of guarantees to existing law enforcement. Meanwhile, based on the principle of legality
which is based on the rule of law and the rule of law, the ranks of law enforcement officers are not
justified. The purpose of this study is to find out the implementation and legal impact of borrowing and
using evidence in criminal cases based on the Regulation of the Head of the National Police of the
Republic of Indonesia Number 10 of 2010 concerning Procedures for Managing Evidence at the
Pekanbaru City Police.
This research uses the type of empirical legal research or sociological legal research. The sample in
this study were the head of the Pekanbaru City Resort Police and investigators at the Pekanbaru Police.
The analytical tool in this study is a qualitative method. This study found that there were things that were
less than optimal in reality on the ground, so it was necessary to anticipate them with maximum effort.
This study concluded that the implementation of borrowing evidence in criminal cases according to
the National Police Regulation number 10 of 2010 was not in accordance with existing legal provisions.
The borrowing of evidence was accepted by police investigators without any determination from the trial.
In addition, the act of asking for security deposits to parties who want to borrow using criminal evidence
is not allowed because these actions are outside the applicable legal provisions. However, this
phenomenon is still often carried out by police investigators. Investigators should not do this by asking
for security deposits from parties who want to borrow or use them. The legal impact on the borrowing of
evidence in criminal cases based on the Regulation of the Chief of the National Police of the Republic of
Indonesia Number 10 of 2010 concerning Procedures for Evidence Management at the Pekanbaru City
Resort Police With the action of asking for a security deposit by the investigator on the evidence that
wants to be loaned to the applicant, the author considers the actions committed by the investigator to be
illegal levies because these actions are not expressly regulated in Perkapolri number 10 of 2010.
Keywords: Borrowing - Evidence - Criminal Case