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All Journal Verstek Jurnal Hukum Mimbar Justitia
Bambang Santoso
Universitas Sebelas Maret
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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KESESUAIAN ALAT BUKTI PETUNJUK PADA PEMBUKTIAN TINDAK PIDANA PORNOGRAFI MELALUI MEDIA ELEKTRONIK Amadeus Anugrah Dharmawan; 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.v11i4.76499

Abstract

his article aims to examine the appropriateness of the evidence used in evidence in trials of criminal acts of pornography through electronic media. This legal writing includes normative legal research, which is prescriptive by using sources of legal materials, both in the form of primary legal materials and secondary legal materials. The technique of collecting legal materials in this research is by means of library research. In writing this law, the author uses an analysis using the syllogism method which stems from the reasoning in the submission of the major premise, namely the Law and Minor Premises of the Decision of the Wates District Court Number 23/Pid.B/2022/Pn.Wat. From these two matters, then a reasoning is drawn regarding suitability of Evidence Guide and proof of expert testimony in proving pornography cases.Based on the results of the research, the Public Prosecutor charged the defendant with alternative subsidiary charges. The evidentiary process at trial shows that the evidence used in proving this crime is in accordance with the provisions of Article 184 of the Criminal Procedure Code regarding evidence. The assessment of the results of evidence has given the Judge confidence that it was the defendant who had committed the crime and obtained the value of expert testimony that supports the evidentiary process in court.
KESESUAIAN PENERAPAN PUTUSAN BEBAS PERKARA TINDAK PIDANA KEKERASAN DENGAN DASAR PEMBELAAN TERPAKSA MENURUT KUHAP Edwina Prabamawarni; 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.v11i4.68775

Abstract

This article analyzes the criminal procedural law related to the application of acquittals in violent crimes on the basis of forced defense in the provisions of the KUHAP. The Panel of Judges set an acquittal in this case because the Panel of Judges was not sure of the crime committed by the defendant. The purpose of this article is to prove whether the decision of the Pati District Court Number 173/Pid.B/2019/Pn Pti is in accordance with the Criminal Procedure Code. The research method used isdoctrinal or normative legal research. This research is prescriptive and applied. The method of collecting legal materials is by means of literature study and the legal materials used are primary and secondary legal materials. Based on the results of the research and discussion to answer the problem, it can be concluded that the Panel of Judges in establishing an acquittal in the case of the crime of violence against people in the decision of the Pati District Court Number 173/Pid.B/2019/PN Pti complies with the provisions of Article 183 of the KUHAP because the terms of the decision must fulfill the conviction of the judge as stated in the article.Keywords : Free Verdict; Violent Crime; KUHAP
HAMBATAN PRINSIP RESTORATIVE JUSTICE DALAM PROSES PERKARA PENGANIAYAAN Rudy Arinugroho; 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.v11i4.75054

Abstract

This study describes and examines the what are the obstacles to the principle of restorative justice in the persecution case process based on case file number BP/07/XII/2021/ SEK BYL KT at the Boyolali District Attorney's Office. This research is empirical or sociological legal research of a descriptive nature. Data types include primary data and secondary data. The data collection techniques used are the study of documents or library materials, observations or observations, and interviews or interviews, then the technical analysis used is a qualitative method that produces analytical descriptive data. The results showed that the restorative judiciary in the case file number BP/07/XII/2021/ SEK BYL KT at the Boyolali District Attorney's Office in the abuse case, agreed that the victim forgave the suspect by entering into a peace effort agreement because the victim and the suspect were still related, where the suspect was the grandson of the victim, and the suspect promised not to repeat his actions, and the response from the community in making peace efforts was quite positive. Thus, peace efforts in the case of persecution can be implemented. Keywords : Criminal Persecution, Restorative Justice, Implementation
PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM Bambang Santoso; Muhammad Rustamaji; Itok Dwi Kurniawan
Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v9i1.3337

Abstract

According to the 1945 Constitution, Indonesia is a state of law.  Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.
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