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PEMENUHAN HAK RESTITUSI TERHADAP ANAK KORBAN TINDAK PIDANA EKSPLOITASI EKONOMI DAN SEKSUAL Wahyu Rida Setyani; Kristiyadi Kristiyadi
Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72429

This article analyzes the fulfillment of the right of restitution for child victims who are victims of criminal acts of economic and sexual exploitation. The purpose of this article is to find out the fulfillment of the right of restitution for victims of the crime of economic and sexual exploitation of children based on the study of decision number: 331/Pid.Sus/2021/PN Yyk. This article is a normative legal research with a prescriptive nature and uses primary and secondary legal materials. The technique for collecting legal materials is to use a literature study with a case approach. The analysis technique used is the syllogistic method using a deductive mindset. The results of the research show that the victim's child gets the fulfillment of the right of restitution in the amount of IDR 81,650,000.-. The Yogykarta District Court judge's decision has an element of legal certainty, because the charges that have been put forward before the trial are proven legally and convincingly for the judge in making his decision. The judge's decision also reflects a sense of justice, it is said that because of the impact it has on the victim, namely the victim has to pay for medical treatment and the psychological impact has been balanced by a criminal decision that has stipulated the granting of restitution to the victim's child.Keyword: Exploitation; Restitution; Victim

KESESUAIAN PUTUSAN HAKIM DALAM PERKARA ANAK SEBAGAI PERANTARA JUAL BELI NARKOTIKA DENGAN UU SPPA Laksmidari Khansa Bella Wisnu Wardani; 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.v11i3.73106

This article aims to find out the legal considerations used by Judges in deciding a narcotics case with a child who acts as an intermediary for buying and selling narcotics in the study of verdict Number 4/Pid.Sus-Anak/2022/PNWng. The method used in this research is normative legal research that is prescriptive and applied. The research approach uses a case approach. The types of legal materials used are primary legal materials and secondary legal materials with library research/ document studies. Based on the research, the results obtained were that the judge's considerations in deciding criminal cases with children as defendants were in accordance with the Law on Juvenile Justice System. Children Against the Law have fulfilled the elements of the article charged by the Public Prosecutor through evidence that is in accordance with Article 183 of the Criminal Procedure Code. In addition, the trial is also in accordance with the provisions of the Law on Juvenile Justice System where children are tried based on the Juvenile Criminal Justice System. However, in sentencing, the judge felt that he had not been optimal in his considerations where the judge still ruled out several articles and principles in the Law on Juvenile Justice System which affected the outcome of the decision in sentencing.Keywords: Children Against the Law; Narcotics Sale and Purchase Intermediary; The Law on Juvenile Justice System

PERTIMBANGAN HAKIM MENJATUHKAN VRIJSPRAAK DALAM TINDAK PIDANA NARKOTIKA (PUTUSAN NOMOR 1434/PIDSUS/2018/PN MKS) Abiyyu Ahmad Patria; 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.v11i4.79270

The author conducted research related to the evidentiary process at the trial that gave an acquittal against narcotics crime, whether the Panel of Judges in giving an acquittal was by following existing regulations in Indonesia, especially in the Criminal Procedure Code (KUHAP) and in Act of the Republic of Indonesia Number 35 Year 2009 Concerning Narcotics. This research is normative law research. In this legal research, the author uses primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature study by the topic of the case that the author takes. This legal writing uses a qualitative analysis technique with a deductive syllogism method. Based on the results of the study, Verdict Number: 1434/Pid.Sus/2018/PN.Mks is in accordance with Article 183 jo Article 191 of the Criminal Procedure Code (KUHAP), this is in accordance with the considerations given by the Judge in the evidentiary process in the trial. This research aims to provide input to law enforcers to be careful in handling cases so that it does not occur in the verdict of acquittal of narcotics crime cases by following per under the objectives of in Act of the Republic of Indonesia Number 35 Year 2009 Concerning Narcotics.Keywords: Acquittal; Evidence; Narcotics.

Criminal Sanctions Against Criminal Acts Of Fund Corruption Social Help Kristiyadi Kristiyadi; Vincentius Patria Setyawan
ULIL ALBAB : Jurnal Ilmiah Multidisiplin Vol. 1 No. 11 (2022): Oktober 2022
Publisher : CV. Ulil Albab Corp

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jim.v1i11.1019

This study aims to analyze the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this study uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing the information and explanations collected from both the law and the literature. The results of the study reveal that in legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of social assistance funds corruption cases, but perpetrators of social assistance corruption violations can be sentenced to death on the grounds that the suspect of social assistance funds corruption made the mistake of taking funds for social assistance for personal or group interests so as to fulfill the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.This study aims to analyze the legal arrangements for cases of corruption in social assistance funds and to examine the application of sanctions to perpetrators of corruption in social assistance funds. In this review, this study uses a normative type of research, using a statutory approach that investigates all legal aspects that arise. Primary law sources come from laws and regulations related to cases, while secondary law comes from legal books and journals that are correlated with issues in research. Data collection techniques by reading, recording, quoting, summarizing, and reviewing the information and explanations collected from both the law and the literature. The results of the study reveal that in legal guidelines Number 31 of 1999 amendments to Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption have not explicitly regulated violations of social assistance funds corruption cases, but perpetrators of social assistance corruption violations can be sentenced to death on the grounds that the suspect of social assistance funds corruption made the mistake of taking funds for social assistance for personal or group interests so as to fulfill the elements contained in Article 2 paragraph (2) of Law 31 of 1999 as amended by Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption.

KEDUDUKAN AHLI BAHASA DALAM PEMBUKTIAN PERKARA PENCEMARAN NAMA BAIK (STUDI PUTUSAN NOMOR: 47/PID.SUS/2019/PN. MGT) Ridho Ferdiansyah Putra; 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.v11i2.71624

This study aims to determine how the role of linguists and criminal lawexperts in proving defamation cases through twitter. In addition, it is also to know the judge's consideration in deciding the case of defamation through twitter. The method used in this research is normative or doctrinal research. Legal materials includeprimary legal materials and secondary legal materials, the legal materials are arranged systematically, studied, then compared and a conclusion is drawn in relation to the problem under study. The collection of legal materials in this research uses courtdecision study techniques. The legal material analysis technique used is a qualitative analysis technique that uses a deductive thinking pattern. The use of the deduction method stems from the submission of major premises (general statements), then minor premises (special statements) are submitted, from the two premises a conclusion is drawn. Based on the results of research and discussion, it is concluded that experts have a position as evidence based on Article 184 paragraph (1) letter b of the Criminal Procedure Code (KUHAP). The results showed that the consideration of the panel of Judges in deciding to impose punishment on the Defendant was in accordance with Article 45 paragraph (3) Jo. Article 27 paragraph (3) of Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions.Keywords: Expert role; defamation;judge's consideration

ANALISIS PERTIMBANGAN DIKABULKANNYA PENINJAUAN KEMBALI PADA PERKARA KORUPSI (STUDI PUTUSAN NOMOR: 237/PK/PID.SUS/2020) Muhammad Faza Alfalah; 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: 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 Novitaningrum Eka Putri; 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

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 Ulinda Sekar Wulandari; 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

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 Ajeng Trisna Prameswari; 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

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

PELAKSANAAN PENETAPAN STATUS PENGGUNAAN TERHADAP BARANG RAMPASAN NEGARA DI KEJAKSAAN NEGERI SURAKARTA Isna Nuraini; Kristiyadi Kristiyadi
Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72293

This article aims to find out how the Implementation of Determination of Use Status at the surakarta District Attorney's Office in Decision Number 191/Pid.B/2000/PN.Ska is based on applicable laws and regulations. The method used in this research is normative legal research which is prescriptive and applied. Sources of legal research consist of primary legal materials and secondary legal materials. Based on this research, it was found that the implementation of the Determination of Use Status at the Surakarta District Attorney was carried out with the stages of application by the Surakarta District Attorney, research by the Minister of Finance, and a decision to determine the status of use by the Minister of Finance and the High Court. This is in accordance with Law Number 1 of 2004 concerning the State Treasury, Government Regulation Number 28 of 2020 concerning Management of State/Regional Property, PMK No. 145/PMK.06/2021 concerning Management of State Property Derived from State Confiscated Goods and Goods of Gratification and Prosecutor's Regulation No. 7 of 2020 concerning Guidelines for Asset Recovery.Keywords: Determination of Use Status, Evidence, Attorney

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