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Bambang Santoso
Fakultas Hukum Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice

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PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN PEMIDANAAN PERKARA KEKERASAN BERSAMA-SAMA TERHADAP ORANG Dimey Cantika Ardinata; Bambang Santoso
Verstek Vol 13, No 3 (2025): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i3.96900

Abstract

This article analyzes the judge's consideration in deciding the crime of joint violence against persons. The purpose of this article is to find out whether the judge's consideration in imposing a punishment decision is in accordance with the provisions of the Criminal Procedure Code, especially Article 183 of the Criminal Procedure Code. This research is a prescriptive and applied normative legal research with a case approach, namely examining one case of joint violence against persons with the Decision of the Surakarta District Court Number: 202/Pid.B/2023/PN.Skt. The collection of legal materials is carried out by means of literature studies in the form of primary legal materials and secondary legal materials. The analysis technique is to use the deductive syllogism method. Based on this research, it is found that in the case of joint violence against persons, the judge in handing down the verdict is in accordance with the provisions of Article 183 of the Criminal Procedure Code so that the defendant can be convicted. Translated with DeepL.com (free version).
ANALISIS PERTIMBANGAN HAKIM DALAM MENGABULKAN BANDING TERDAKWA PERKARA PEMBUNUHAN BERENCANA DENGAN MUTILASI BERDASARKAN KUHAP Angel Julisya Uneka Sari Tanjung; Bambang Santoso
Verstek Vol 13, No 4 (2025): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i4.97187

Abstract

This article analyzed the criminal procedure law regarding the filing of an appeal by the defendant against the death penalty verdict granted by the Court of Appeal in the case of premeditated murder with mutilation. The Judge of the Court of Appeal concurred with the Judge of the Court of First Instance that the defendants  were  legally  and  convincingly  proven  guilty  of  committing  the  crime  in  the  primary  charge. However, the Judge of the Court of Appeal granted the appeal due to his dissent regarding the length of the sentence given. This article aimed to determine if the High Court Judge's verdict to grant the defendant's appeal adhered to the stipulations outlined in the Criminal Procedure Code. The research method used was normative  legal  research,  which  was  prescriptive  and  applied.  The  legal  materials  were  collected  using literature studies, and the legal materials used were primary and secondary. Based on the research and discussion of the problem, it can be concluded that the High Court Judge's consideration of granting the appeal filed by the defendant was in line with the provisions of the Criminal Procedure Code.
TELAAH PERTIMBANGAN HAKIM MENJATUHKAN PUTUSAN BEBAS PERKARA PENCABULAN ANAK (Studi Putusan Nomor 104/Pid.Sus/2023/PN Tli.) Elnajj Keysha Nabila; Bambang Santoso
Verstek Vol 13, No 3 (2025): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i3.95944

Abstract

This article analyses criminal procedure law related to the suitability of the judge's consideration of rendering a judgment of acquittal of case of obscene act against a child in Verdict Number 104/Pid.Sus/2023/PN Tli. with the provision of Article 191 paragraph (1) of the Criminal Procedure Code. The purpose of this article is to determine whether the judge's consideration of rendering a judgment of acquittal of case of obscene act against a child in Verdict Number 104/Pid.Sus/2023/PN Tli. is in accordance with the provision of Article 191 paragraph (1) of the Criminal Procedure Code. This research is a normative or doctrinal legal research that is prescriptive and applied. Types of legal materials used are primary legal materials and secondary legal materials. The technique used in collecting legal materials is literature study or document study. The finding proves that the judge's consideration of rendering a judgment of acquittal of case of obscene act against a child in Verdict Number 104/Pid.Sus/2023/PN Tli. has been in accordance with the provision of Article 191 paragraph (1) of the Criminal Procedure Code.
PEMBUKTIAN NEGATIF DALAM PERSIDANGAN PERKARA TINDAK PIDANA ILLEGAL FISHING TANPA HADIRNYA TERDAKWA DALAM PUTUSAN NOMOR 13/Pid.Sus- PRK/2021/PN.Bit. Agung Ega Prayoga; Bambang Santoso
Verstek Vol 13, No 3 (2025): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i3.96758

Abstract

This study aims to determine the application of the negative evidentiary system in proving the crime of illegal fishing in verdict Number 13/Pid.Sus-PRK/2021/PN.Bit. As a legal research, this research is a normative research, focusing on studying primary and secondary legal materials. The nature of the research is prescriptive, research that aims to provide suggestions or things that should be done, especially concerning what the judge should do in applying the negative evidentiary system to illegal fishing cases tried in absentia. The research approach used is the case approach, namely examining the judge's considerations in sentencing illegal fishing cases. The technique of collecting legal materials with literature studies, consisting of primary and secondary legal materials. Analysis of legal materials is carried out using the syllogistic deduction technique.Based on the results of the study, it is known that the application of the negative evidentiary system in proving the crime of illegal fishing in verdict Number 13/Pid.Sus-RK/2021/PN.Bit, by the judge has fulfilled the provisions of Article 183 of the Criminal Procedure Code. In the trial, the judge obtained 3 (three) pieces of evidence in the form of witness testimony, expert statements and the defendant's statement which gave rise to the judge's conviction. In addition, the judge also considered that the defendant was a person who was capable of being responsible because there was no reason to eliminate the criminal offense, either a reason for forgiveness or justification.
TELAAH PERTIMBANGAN HAKIM MENJATUHKAN PUTUSAN PEMIDANAAN PERKARA PENGANIAYAAN BERAT DALAM PUTUSAN NOMOR 209/PID.B/2023/PN.SKT Fadhillah Nur Fitriyani; Bambang Santoso
Verstek Vol 13, No 3 (2025): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i3.95908

Abstract

This study analyzes the principles of restorative justice and finds out the judge's considerations in deciding cases of serious assault based on the study of verdict number 209/Pid. B/2023/PN Skt. The purpose of this legal research is to find out the basis for the judge's considerations in deciding cases by applying the principle of restorative justice based on the study of verdict number 209/Pid. B/2023/PN Skt. This legal writing is a normative legal research with a prescriptive and applied nature using primary legal materials and secondary legal materials. The technique of collecting legal materials is using a literature study with a case approach. The analysis technique used is the deductive syllogism method. Based on the results of the study and discussion, the suitability of the Judge's considerations in issuing a light criminal sentence in the crime of serious assault, the author is in accordance with the principles of restorative justice. The judge's decision also reflects a sense of justice and benefit, because all parties involved, both the defendant, the victim, and the community, can feel a sense of peace, which is like the principle of restorative justice, namely prioritizing the recovery of the victim, the defendant, and the community.
PERTIMBANGAN HAKIM MAHKAMAH AGUNG MEMUTUS KASASI TERDAKWA PERKARA KORUPSI PUTUSAN NOMOR 5190K/PID.SUS/2023 Mahaldika Nilan Triwardani; Bambang Santoso
Verstek Vol 13, No 4 (2025): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v13i4.96305

Abstract

This article analyzes the field of Criminal Procedure Law related to the considerations of the Justice in examining and deciding the cassation filed by the Defendant in a corruption case. The purpose of this article is to determine whether the justice's considerations in issuing a cassation decision in decision Number 5190K/Pid.Sus/2023 are in accordance with the provisions of the Criminal Procedure Code (KUHAP). The research method used is doctrinal or normative legal research. This research is prescriptive in nature which uses the collection of legal materials by means of literature study and the legal materials used are primary and secondary legal materials. Based on the results of the research, it can be concluded that the Supreme Court Judge (/justice?) has appropriately determined the cassation decision in the corruption case in decision Number 5190K/Pid.Sus/2023 because of the judge did not find any errors in the application of the law made by Judex Factie so that the Defendant is considered not to meet the requirements as stipulated in Article 253 paragraph (1) of the Criminal Procedure Code and states that the Defendant's cassation is rejected with revisions.  
Co-Authors Agung Ega Prayoga Angel Julisya Uneka Sari Tanjung Dimey Cantika Ardinata Elnajj Keysha Nabila Fadhillah Nur Fitriyani Mahaldika Nilan Triwardani