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ANALISIS PERTIMBANGAN DIKABULKANNYA PENINJAUAN KEMBALI PADA PERKARA KORUPSI (STUDI PUTUSAN NOMOR: 237/PK/PID.SUS/2020) Alfalah, Muhammad Faza; Kristiyadi, Kristiyadi
Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.74042

Abstract

Abstract: This study examines the judges' considerations in the Supreme Court Decision Number 237 PK/Pid.Sus/2020 where in the decision the supreme judge is of the opinion that the request for judicial review on behalf of Fahmi Darmawansyah can be accepted so that, in his decision the supreme judge imposes a sentence with reduced circumstances verdict previously handed down by a court of first instance. This research is a normative legal research that is prespective and applied with case studies. The technique of collecting primary and secondary legal materials used in this research is by studying laws, documents, and library materials. The results of this study show that the Supreme Court Decision Number 237/Pid.Sus/PK/2020 granted the Return Application on behalf of the applicant Fahmi Darmawansyah. The author is of the opinion that the legal considerations of the judges in the Supreme Court Decision Number 237/PK/Pid.Sus/2020, which states that giving a sum of money and goods to the Sukamiskin Headquarters is considered a form of generosity is inappropriate, because the concept of generosity should not be in accordance with the actions that have been committed. conducted by Fahmi Darmawansyah. So it is not appropriate for the judge to grant the convict's request. Moreover, the defendant had previously committed a repeat of a similar crime.Keywords: Judge's Consideration, Criminal Corruption, Bribery, Judicial Review
PERTIMBANGAN HAKIM MILTER DALAM MEMUTUS PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN TENTARA NASIONAL INDONESIA Putri, Novitaningrum Eka; Kristiyadi, Kristiyadi
Verstek Vol 11, No 2 (2023): APRIL-JUNI
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.72152

Abstract

This research aims to know determine the legal authority of the Military Court in hearing cases of Narcotics Abuse by the TNI and to know the legal considerations of the Military Court in the process of Imposing a Criminal Decision on Narcotics Abuse for members of the TNI. This research is a normative legal research that is prescriptive and applied with case studies. The technique of collecting primary and secondary legal materials used is the study of documents or library materials. The results of this study are narcotics crimes in the scope of general and military courts based on Law No. 22 of 1997concerning narcotics (crimes are general crimes, in relation to perpetrators who are members of the military, settlements are based on regulations that apply among members of the military). The judge's consideration factor in sentencing the perpetrators of narcotics crimes among members of the military is more directed to good services and achievements while carrying out military duties. The burden of punishment for members of the military who commit criminal acts(violating military discipline) is the existence of additional punishments, which are military in nature.Keywords: Narcotics, TNI, Military Court, Judge's Consideration
KESESUAIAN PERTIMBANGAN HAKIM DALAM PEMIDANAAN TERHADAP TERDAKWA ANAK DENGAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU Wulandari, Ulinda Sekar; Kristiyadi, Kristiyadi
Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.72255

Abstract

This study aims to determine the suitability of the judge's consideration in the Decision of the Klaten District Court Number 3/Pid.Sus-Child/PN.Kln with the provisions of the applicable laws, especially Law Number 11 of 2012 concerning the Criminal Justice System of Children. This study uses prescriptive normative legal research methods. This study uses a case study. The types of legal materials used include primary and secondary legal materials. The legal material collection technique used by the authors in this study is a document study technique or library research. The legal material analysis technique in this study uses the syllogism method with the mindset of deduction. The results showed that the judge's consideration was based on the indictment of the Public Prosecutor and Juridical and Non-juridical considerations in imposing a criminal supervision to children in the form of placing children under the supervision of the public prosecutor for 3 (three) months in accordance with applicable laws and regulations. In its consideration, the judge had considered at least two pieces of evidence, namely witness statements and the defendant's statement where the beliefs obtained from the two evidences the judge was able to state that the defendant had been guilty of committing the criminal acts of theft by weighting. Keywords: Judge's consideration, Child, Theft of Crimes, Criminal Imposition
ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG Prameswari, Ajeng Trisna; Kristiyadi, Kristiyadi
Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72715

Abstract

This research is to determine the suitability of the judge's considerations with Law no. 31 of 1999 Jo Law no. 20 of 2001 concerning the Eradication of Corruption Crimes for not fulfilling the element of self-enrichment in Decision Number 18/Pid.Sus-TPK/2022/PN SMG. This research uses normative legal research methods that are applied. This study uses a case approach or case approach. The types of legal material used include primary and secondary legal source materials, while the technique of collecting legal materials in analyzing decisions uses literature study techniques and research methods use syllogistic methods. The results of the research and discussion show that the judge's considerations are not in accordance with the provisions of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crime because the judge gives the consideration that the element of enriching oneself is not fulfilled due to the small nominal, the Judge decides with a lighter decision than a lawsuit. Meanwhile, the Defendant was proven to have increased his wealth with the proceeds of corruption so that this did not comply with the provisions of the Law on the Eradication of Criminal Acts of Corruption.Keyword: Enrich Yourself; Judge's Consideration; Corruption Crime