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In a criminal case investigation, the investigator (Polri) has the authority to confiscate items that are related to the case for the interest of the investigation, prosecution, and examination in the court. The confiscation cannot be done arbitrarily. It has to follow a series of rules and procedures, because it is an action that is related to human rights, especially the property / ownership right to an item. According to article number 38 from the law number 8 year 1981 about the criminal procedure law book (KUHAP/Kitab Undang-Undang Hukum Acara Pidana), a confiscation can only be done with a permission letter from the head of the local district court. With this rule, there is a possibility that the head of the local district court will not give permission to the investigator to do a confiscation. In the case where the confiscation is needed and important to be done for the interest of the investigation itself, there is a question whether there are any attempt that can be proposed by the investigator, regarding the rejection of the confiscation permit. To answer the issue, a normative law research is then needed. A normative law research is a research that is done by studying both the primary and secondary law materials. Those law materials are then collected through bibliographical studies and analyzed quantitatively. Based on the research result, it can be said that the criminal procedure law book (KUHAP) does not determine any legal attempt that can be proposed by the investigator, regarding the rejection of the confiscation permit. The existence of the confiscation permit from the head of the district court is meant as the control function of the court, in order to prevent the arbitrary confiscation from happening. In this thesis, there are no legal efforts needed in order to achieve the principle of a fast and simple criminal case investigation. What is needed is a good coordination between investigator and the court, for the im-portance of the criminal case investigation itself, in a criminal justice integrated system.
Kata kunci: penyitaan, surat izin, ketua pengadilan negeri, upaya hukum
