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Bambang Santoso
Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTIMBANGAN HAKIM PENGADILAN NEGERI SURAKARTA DALAM MEMUTUS PERKARA PERSETUBUHAN OLEH ANAK Afif Falady Al Rasyid; Bambang Santoso
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71500

Abstract

This legal research aims to analyze the considerations of judges in imposing sentencing decisions against children in conflict with the law in cases of intercourse. The purpose of writing this law is to find out how the judge considers in deciding cases of sexual intercourse committed by children. This type of research uses normative legal research methods with a prescriptive or applied case approach. The method of collecting legal materials is by means of literature study and the legal materials used are primary and secondary legal materials. The results of the study show that the considerations in the decision handed down by the judge in cases of sexual intercourse committed by children are based on Decision No. 7/Pid.Sus-Anak/2021/PN Skt complies with the legal provisions of Article 183 of the Criminal Procedure Code, Article 81 paragraph (2) of Law No. 17 of 2016 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection, and also Article 71 paragraph (3) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, bearing in mind that minors may not receive imprisonment like adults so that they can continue their lives by becoming better individuals.Keywords: Child; sentencing; Intercourse; Judge's Consideration
ANALISIS PERTIMBANGAN MAHKAMAH AGUNG DALAM MENGABULKAN KASASI TERDAKWA (STUDI PUTUSAN NOMOR 2959/K/PID.SUS/2022) Yaying Prabaswara; Bambang Santoso
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.71539

Abstract

This study analyzesthe criminal procedural law related to the consideration of the Supreme Court which granted Cassation guilty in the Narcotics case in accordance with Article 253 paragraph (1) of the Criminal Procedure Code and the consideration of the Supreme Court whichannulled theJudex Factie decision and tried himself according to Article 256 jo 255 of the Criminal Procedure Code. The Supreme Court set an acquittal in this case because there were legal clues and facts that showed the Defendant was innocent. The research method used is normative legal research which is both perscriptive and applied with case studies. The way to collect legal materials is by studying the literature and legal  materials used, namely primary and secondary legal materials. Based on the results of research and discussion to answer the problem, it can be concluded that the reasons for cassation submitted by the Defendant were in accordancewith Article 253 paragraph (1) letter a of the Criminal Procedure Code because in the reasons for cassation, theJudex Factiedecision had misapplied the law, ignoring facts and instructions indicating that the Defendant not guilty. The Supreme Court's considerations in granting the Defendant's cassation were in accordance with Article 256 jo 255 of the Criminal Procedure Code granted the cassation and annulled the Judex Factiedecision and the trial itself declared the convict not legally and convincingly proven guilty of committing a crime of Narcotics. The Supreme Court has restored the Defendant's rights in terms of ability, position and dignity.Keywords: defendant's cassation; Narcotics; Consideration of the Supreme Court;
KEKUATAN ALAT BUKTI SURAT (VISUM ET REPERTUM) DALAM PEMBUKTIAN DAKWAAN PERSETUBUHAN ANAK Lathifah Nur Azizah; Bambang Santoso
Verstek Vol 11, No 2: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i2.72159

Abstract

This study aims to determine the urgency ofVisum et Repertumin proving the crime of child intercourse and to find out the judge's consideration of documentary evidence (Visum et Repertum) in deciding cases of child intercourse. This research is normative or doctrinal legal research with a case approach. The types of data used are primary and secondary data. The technique used in collecting legal materials for this research is document or literature study. This study uses the analysis technique of the syllogism method which is deductive in nature, namely by using the major premise in the form of legal rules and proceeding to the minor premise in the form of legal facts. From these two premises, a conclusion is drawn. Based on this research, the results obtained were that in proving the indictment of the crime of child sexual intercourse, the Decision of the Surakarta District Court Number 4/Pid.Sus-Anak/2021/PN. SktVisum et Repertumhas an important role because the crime of intercourse is carried out in a quiet place so it will be difficult to find witnesses who can see or hear. Apart from that, in child intercourse, the child's immature condition makes it difficult for the child to reveal what has happened to him. Therefore, the evidence found on the victim's body has an important role.Keywords: Child intercourse, Visum et Repertum, Evidence
TELAAH PERTIMBANGAN HAKIM DALAM PUTUSAN BEBAS TERDAKWA TINDAK PIDANA PENIPUAN (STUDI PUTUSAN NOMOR 799/PID.B/2021/PN JAMBI) Muhammad Dedy; Bambang Santoso
Verstek Vol 9, No 4: 2021
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72440

Abstract

This article aims to examine and find out the suitability of the considerations of the judge who handed down an acquittal in a fraud crime case with article 183 in conjunction with article 191 paragraph (1) of the Criminal Procedure Code. This article uses normative or doctrinal legal methods that are prescriptive and applied. The approach used in this article is a case approach. The use of legal materials includes primary legal materials and secondary legal materials. The technique of collecting legal materials uses library research by collecting legal materials related to the problem to be studied. The law material analysis technique used is the syllogism method which uses a deductive mindset. Based on the results of the research and discussion, it shows that in Decision Number 799/Pid.B/2021/PN Jambi, the considerations of judges who handed down acquittals in cases of fraud were in accordance with Article 183 in conjunction with Article 191 paragraph (1) of the Criminal Procedure Code. This is because the Prosecutor's evidence is still very minimal through the evidence of witnesses and letters to find material truth in this case. In addition, based on the results of the examination at trial the Judge was of the opinion that the second and third elements of Article 378 of the Criminal Code in the Public Prosecutor's indictment were not legally fulfilled so that the Judge handed down an acquittal against the Defendant.Keyword: Judge's Consideration; Evidence; Acquittal Verdict; Fraud
TELAAH PEMBELAAN TERPAKSA (NOODWEER) DALAM PERKARA TINDAK PIDANA PENGANIAYAAN Halimah Annisaa; Bambang Santoso
Verstek Vol 10, No 4: 2022
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72912

Abstract

This article analyzes the field of Criminal Procedure Law related to acquittal in cases of criminal persecution at the Banyuwangi District Court. primary and secondary. The purpose of this article is to find out how judges consider deciding persecution cases that are decided loosely because they contain elements of forced defense (Noodweer). The research method used is doctrinal or normative legal research. This research is prescriptive and applied. Collection of legal materials with literature studies and legal materials used are primary and secondary legal materials. Based on the results of the study, it can be concluded that the Panel of Judges was right in deciding the case in decision Number: 462 / Pid.B / 2020 / Pn Byw which handed down a release verdict. The panel of judges held that the persecution committed by the accused was due to a forced defense (Noodweer) so that it could not be convicted, therefore the defendant must be released from all charges as stipulated in Article 191 paragraph (2) of the Code of Criminal Procedure.Keywords: Noodweer; Persecution; Justifying Reasons
PERTIMBANGAN HUKUM HAKIM (RATIO DECIDENDI) TERHADAP PENJATUHAN PIDANA ANAK PELAKU PENCABULAN Nasrul Alief Pratama; Bambang Santoso
Verstek Vol 10, No 4: 2022
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72649

Abstract

This article aims to determine the provisions of criminal acts of children as perpetrators of sexual harrasment based on Law Number 11 of 2012 concerning the Child Criminal Justice System in the study of decision Number 16/Pid.Sus-Anak/2020/PN Wng. The method used in this research is perspective and applied normative legal research, namely research using primary legal materials and secondary legal materials. The approach used by the author in this research is a case approach. Based on the results of the author's research, the Judge's consideration in imposing punishment on children in the process of obscenity cases in Decision Number 16/Pid.Sus-Anak/2020/PN Wng is in accordance with Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection and Law No. 11 of 2012 concerning the Child Criminal Justice System, namely in the form of imprisonment for 8 (eight) months and work training for 3 (three) months at Wonogiri Detention Center. Diversion cannot be applied in the crime of sexual harrasment with child perpetrators in accordance with Article 7 paragraph (2) of the SPPA Law which states that diversion can be applied to children who commit criminal offenses with a criminal penalty of under 7 (seven) years and not repetition of criminal acts. Keywords: Child; Child Sexual Harassment; Judge's Consideration
PENJATUHAN PIDANA PENJARA TERHADAP TERDAKWA ANAK DALAM PERKARA PENCABULAN (STUDI PUTUSAN NOMOR 6/PID.SUS-ANAK/2022/PN WNG) Anisa Septiana Saputri; Bambang Santoso
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.72236

Abstract

This study aims to determine the appropriateness of the judge's considerations in imposing prison sentences on child defendants in cases of obscenity in the Wonogiri District Court Decision Number 6/Pid.Sus-Anak/2022/PN Wng with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research methodology uses normative legal research and a case approach technique, as well as library research legal material collection techniques to obtain laws related to the problem under study. The results of this study are that imprisonment can only be imposed on children for a maximum of 1/2 (one half) of the sentence for adults. In addition, the provisions of Article 82 Paragraph (4) of Law Number 17 of 2016 concerning Child Protection with an additional sentence of 1/3 (one third) of the criminal threat cannot be applied. To children, even though the child's actions have been proven to fulfill the elements of the paragraph, the additional punishment is excluded for child offenders.Keywords: Child; Obscenity; Prison; Judge's Decision
KESESUAIAN PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 1/Pid.Sus-Anak2022/PN BYL DENGAN UU SPPA Azzam Zaid Muharam; Bambang Santoso
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73217

Abstract

This writing analyzes the suitability of the judge's considerations in imposing a prison sentence of two years and three months of job training for children with Article 71 paragraph (3) and Article 79 of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. In Decision Number 1/Pid.Sus-Anak/2022/PN Byl it is known that there has been a criminal act of sexual intercourse with a child, which was committed by a child. Child offenders are subject to Article 81 paragraph (2) of Law Number 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law Number 1 of 2016 regarding the second amendment to Law Number 23 of 2002 concerning Child Protection. The Child Protection Act can be applied to anyone, regardless of whether the offender is an adult or a child. So to protect child perpetrators, the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System is enacted. The purpose of this writing is to find out whether the judge's considerations in Decision Number 1/Pid.Sus-Anak/2022/PN Byl are in accordance with the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. As a result, the judge in his considerations before making a decision had considered Article 71 paragraph (3) of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. Keywords: Consideration; Intercourse; Child
KEKUATAN PEMBUKTIAN SAKSI MAHKOTA SEBAGAI ALAT BUKTI DALAM PEMBUKTIAN TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN Kharisma Shalsabilla Putri Nofa; Bambang Santoso
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73022

Abstract

This article analyses the strength of the crown witness evidence in proving qualified theft crime in Verdict Number 342/Pid.B/2021/PN Sbr. The purpose of this article is to determine the strength of evidence of the crown witness in proving qualified theft crime. This research is normative legal research which is perspective and applied. This legal research uses a case approach. Types of legal materials used are primary and secondary legal materials. The technique of collecting legal materials used is library research. The analysis technique used is the deductive method. Based on the research results, it can be understood that the strength of evidence of the crown witness in proving qualified theft crime in Verdict Number 342/Pid.B/2021/PN Sbr is valid and accountable because it has fulfilled the requirements as evidence. As for the strength of evidence, it is independent and depends on the judge's judgment.Keywords: Strength of Evidence; Protection of the Defendant's Human Rights; Crown Witness.
KESESUAIAN PERTIMBANGAN HAKIM MAHKAMAH AGUNG MENOLAK KASASI PENUNTUT UMUM PADA PERKARA NARKOTIKA BERDASARKAN KUHAP Khansa Diva; Bambang Santoso
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.75429

Abstract

This article analyzes the considerations of the Supreme Court judges in deciding the cassation request by the Public Prosecutor in Decision Number 2729 K/Pid.Sus/2022. The purpose of this article is to analyze the suitability of the Supreme Court Judge's considerations in deciding the cassation request by the Public Prosecutor in Decision Number 2729 K/Pid.Sus/2022 with the Criminal Procedure Code. The research method used is normative research, with the technique of collecting legal materials using library research where the types of legal materials used are primary legal materials and secondary legal materials. From the results of the study it can be concluded that the considerations of the Supreme Court Judge in deciding the Public Prosecutor's cassation request against narcotics cases in Decision Number 2729 K/Pid.Sus/2022 are in accordance with the Criminal Procedure Code, especially Article 254 and Article 255 paragraph (1) .Keywords: Cassation; Supreme Court; Narcotics; Consideration
Co-Authors Afif Falady Al Rasyid Amadeus Anugrah Dharmawan Anisa Septiana Saputri Azzam Zaid Muharam Edwina Prabamawarni Halimah Annisaa Itok Dwi Kurniawan Khansa Diva Kharisma Shalsabilla Putri Nofa Lathifah Nur Azizah Muhammad Dedy Muhammad Rustamaji Nasrul Alief Pratama Rudy Arinugroho Yaying Prabaswara