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Journal : Verstek

KAJIAN TENTANG KETIDAKABSAHAN PENAHANAN DAN PROSES EKSEKUSI SEBAGAI ALASAN PRAPERADILAN DITINJAU DARI KUHAP Adhimas Fauzan Restikafendy; Hanuring Ayu AP
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71516

Abstract

This study aims to find out whether the pretrial petition regarding invalidity was eliminated and the execution processin the caseof the crime of diploma forgery in Decision Number: 06/Pid/Pra/2019/PN.Jkt.Tim is in accordance with Article 77 of the Criminal Procedure Code.The type of research used is doctrinal or normative legal research methods. The nature of the research used is prescriptive. The research used was a case approach, in which this research approached the position of the case and pretrial reasons put forward by the Petitioner. The primary legal materials used in this research are laws and regulations and Court Decision Number06/Pid/Pra/2019/PN.Jkt.Tim. While the secondary legal materials in this study are reference books, journals and legal publications, theses and articles from the internet that are relevant to the topic raised. The legal material collection technique used is library research. The analysis technique used is a deductive syllogism which originates from the major premise and minor premise so that conclusions can be drawn. Based on the results of the research, it can be concluded that the reasons for the pretrialrequest in Decision Number: 06/Pid/Pra/2019/PN.Jkt.Tim are not in accordance with Article 77 of the Criminal Procedure Code because these reasons are not included in the scope of pretrial.Keywords: Execution,criminal procedure code,detention, pretrial
KESESUAIAN PERTIMBANGAN HUKUM HAKIM TERHADAP TINDAK PIDANA NARKOTIKA DENGAN SEMA NOMOR 3 TAHUN 2015 Yohanes Galih Lintario; Hanuring Ayu Ardhani Putri
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73596

Abstract

Abstract: This article analyzes the suitability of judges' considerations with SEMA Nomor 3 of 2015 inimposing criminal penalties for narcotics crimes. This study aims to find out whether the judge's legalconsiderations in imposing a sentence on Decision Nomor: 3557 K/Pid.Sus/2021 are in accordance withSEMA Nomor 3 of 2015. This research is a normative legal research that is prescriptive and applied. Thelegal material collection technique used in this study is the document study technique or library studytechnique. The collection of legal materials is carried out through document studies and literature studies.Based on the results of the study, it was shown that the basis for legal considerations was that the judgemade a decision in the form of convicting the defendant based on juridical and non-juridical considerationsin accordance with the facts revealed in the trial. The judge's considerations in imposing a criminal decisionagainst the Defendant are in accordance with SEMA Nomor 3 of 2015.Keywords: Narcotics; Narcotics Crime; Judge's Legal Considerations