The Constitution of Republic of Indonesia of 1945 firmly determines that the
state of Indonesia is a legal state. The Article 53 of the Law Number 5 of 1997 on
Psychotropic regulates on the destruction of psychotropic whose one of reason is
relating to the criminal action. According to the stipulation in this law, the destruction
of seizure item is conducted by the Official of the Attorney and witnessed by the
official representing the Police and Department of Health by the established of report
of Destruction.
The problem emerged and needs to gain the answer in this research was:
Whether the implementation of destruction of seizured item by shape of psychotropic
has been appropriate to the existing regulation? As well as whether there any barriers
in the implementation of destruction of seizured item of psychotropic by the State
Attorney of Sleman? The purpose of this research was to find out whether the
implementation of destruction of seizured item of psychotropic has been conducted
by the State Attorney of Sleman appropriately to the existing regulation? The
destruction of seizured item of psychotropic was conducted by the State Attorney of
Sleman. The method of research used by the author was normative legal research, i.e.
a research conducted based on secondary data. Thus, in this research the data was
gained from literary research by using juridical research method, i.e. analyze the
problem of the point of view / according to the legal determination/ existing
regulations.
The suggestion of the author for the emerging problem in this research is;
appropriately to the determination of the Article 270 of Civil Code on the
implementation of court verdict, the destruction of seizured item of psychotropic
should be conducted by the investigator, in addition of having license to the court, it
should also be conducted by conducting coordination by the General Attorney and the
Head of Warehouse Chamber of State Seizured Item as the part who has authority to
conduct the seizured item, in particularly those who has forbidden trait to destruct.
For coping with the existing excessive of seizured item warehoused in the
State Attorney of Sleman, the problem of warehousing of seizured item shows that
the determination of the Article 44 of Civil Code and Government Regulation
Number 77 of 1983. From the determination of this regulation there is a legal
principle should be consider, i.e. the Article 44 paragraph (1) of Civil Code: The
seizured item should be warehoused by the Warehouse Chamber of State Seizured
Item.