Winta Hayati
Ilmu Hukum, Fakultas Hukum, Universitas Pembinaan Masyarakat Indonesia, Medan, Indonesia

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Application of Legal Considerations for Judges with Visum Et Repertum Evidence in the Criminal Act of Preplanned Murder Analysis of Decision Number 1100/Pid.B/2024/Pn Mdn Eman Triboi Waruwu; Yusuf Hanafi Pasaribu; Winta Hayati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Visum Et Repertum is a written report from a doctor (expert) made under oath, regarding what was seen and found on living evidence, corpses or physical or other evidence then carried out an examination based on the best knowledge. This study aims to analyze the regulation of the position of visum et repertum as evidence in criminal cases in Indonesia, and the application of legal considerations for judges with visum et repertum evidence in premeditated murder crimes. The research method used is normative juridical with a case and legislation approach and uses various secondary data such as regulations, legislation, court decisions, legal theory doctrines and can also be in the form of opinions of scholars and analyzed qualitatively. The results of the stu dy conclude that the regulation of the position of visum et repertum as evidence in criminal cases in Indonesia is not explicitly regulated in the Criminal Procedure Code. However, in Staatsblad 1937 Number 350 in article 1 it is stated that visum et repertum is a written statement made by a doctor under oath or promise about what is seen on the object being examined which has the power of evidence in criminal cases referring to article 184 paragraph (1) point c of the Criminal Procedure Code regarding written evidence. The application of legal considerations for judges with visum et repertum evidence in the crime of premeditated murder in decision Number 1100 / Pid.B / 2024 / PN Mdn, has applied legal considerations with visum et repertum evidence that has been issued by the Department of Forensic Medicine and Medicolegal Sciences, Bhayangkara Hospital TK II Medan Number: 19 / III / 2024 / RS. Bhayangkara dated March 24, 2024. The conclusion of the study confirms that judges in their decisions prioritize facts in court that are in accordance with the values of justice, certainty, and legal benefits.
Law Enforcement on Criminal Acts of Village Fund Corruption in Padangsidimpuan City (Study of Decision Number 104/Pid.Sus-TPK/2024/PN Mdn) Sahreni Simanjuntak; Ramadhany Nasution; Winta Hayati
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

This research is motivated by the rampant criminal acts of Village Fund corruption which have resulted in state financial losses, hampered development, and decreased public trust, especially in Padangsidimpuan City. This study aims to analyze the forms and modus operandi of Village Fund corruption, identify the causal factors, and examine the judge's legal considerations in Decision Number 104/Pid.Sus-TPK/2024/PN Mdn. The method used is a normative juridical approach and empirical juridical through literature studies, analysis of laws and regulations, and case studies by examining court decisions, trial facts, and witness statements. The results of the study indicate that the corrupt practice was carried out through a cut in the allocation of funds by 18% by certain officials, which resulted in a state loss of Rp427,150,000. The defendant was proven to have violated Article 3 of the Corruption Eradication Law and was sentenced to five years' imprisonment with a fine and compensation. The main contributing factors include weak supervision, low apparatus capacity, lack of transparency, and minimal public participation. The conclusion is that law enforcement needs to be strengthened firmly and comprehensively through increased oversight, apparatus capacity, and community involvement, thereby creating a deterrent effect and encouraging transparent and accountable Village Fund governance for the welfare of village communities. These findings have important implications for the development of anti-corruption policies at the village level and strengthening coordination among law enforcement officials. They can also serve as a practical reference for improving village financial management systems with integrity and sustainability in the future. Furthermore, this study emphasizes the urgency of public education and digitalization of oversight to prevent irregularities early on in a systematic and measurable manner.