Speaker
Description
Nuclear energy utilisation in Indonesia is extensive, spanning various sectors, including medical and industry. Indonesia has a regulatory body, Indonesian Nuclear Energy Regulatory Agency (BAPETEN), tasked with overseeing all nuclear energy utilisation with three main aspects: regulations, licensing and inspections, as stipulated in Act No. 10 of 1997 on Nuclear Energy.
In practice, not every nuclear energy users comply with regulations. This is common finding when BAPETEN conducts inspections in medical and industrial sectors. In both sectors, BAPETEN has repeatedly enforced law against users who do not have licence. It should be noted that BAPETEN only enforces law when users completely disregard BAPETEN's guidance efforts. The problem statement in the paper is that in the event of law enforcement, how is evidence handled?
The purpose of the paper is to determine the extent to which the implementation of regulations in the context of radioactive material transportation is linked to the law enforcement of nuclear energy. This is important due to responds to the existing gap, there are regulations on radioactive material transport under normal conditions but are faced with the status of law enforcement which is in the process of being implemented in the court. The method used in the paper is qualitative with the main source of research subject coming from law enforcement officers, especially prosecutors, based on cases handled directly in implementation in the field.
Law enforcement is carried out in coordination with law enforcement officers: the National Police and the prosecutor. One of steps taken in law enforcement is handling of evidence. For example, when radioactive materials are used without licence, National Police confiscate radioactive material during nuclear law enforcement. This confiscation is in accordance with Criminal Procedure Code. Law enforcement, following an investigation by National Police, is then handed over to Prosecutor's Office, who then prosecutes the case in the court.
In nuclear law enforcement activities involving radioactive material, law enforcement officers confiscate the radioactive material. These confiscated sources are typically deposited at the Radioactive Waste Management Installation (IPLR BRIN) or in BAPETEN office as regulatory body, as law enforcement officers does not have radioactive material storage facilities. Coupled with the fact that most law enforcement officers in Indonesia are unfamiliar with nuclear energy, including radioactive materials, the deposited of evidence is a real solution.
In practice, the deposited of radioactive material is carried out by BAPETEN as the regulatory body to ensure the security of the evidence itself. The transportation of radioactive material from crime scene to IPLR BRIN or to BAPETEN office is also carried out by BAPETEN with the transporter being a nuclear safety inspector and equipment including vehicles owned by BAPETEN with reference to the provisions of transportation requirements in the regulations including Government Regulation No. 61 of 2013 on Radioactive Waste Management.
In this context, the transportation of radioactive material is a special activity due to it is not included in the definition of nuclear energy utilisation as regulated in Act No. 10 of 1997 on Nuclear Energy, but rather the handling of evidence in the process of enforcing nuclear energy law. BAPETEN transports radioactive material in accordance with nuclear energy law, ensuring the desired safety and security of radioactive material is achieved to the greatest extent possible.
