Verstek
Jurnal Verstek is a peer-reviewed journal published by Procedural Law Department, Faculty of Law, Universitas Sebelas Maret three times a year in April, August, and December. This Journal aims primarily to facilitate undergraduate students paper over current developments on procedural law issues in Indonesia as well as to publish innovative legal researches concerning Indonesian procedural laws and legal system. It provides immediate open access to its content on the principle that making research freely available to public support a greater global exchange of knowledge. The scope of the articles published in this journal deal with a broad range of topics in the fields of Procedural Law, included but not limited to legal construction of procedural law, critical construction of procedural law in practice, trends and changes in procedural law, and the technical challenges faced in proedural law.
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<![CDATA[PEMENUHAN HAK-HAK ANAK YANG BERHADAPAN DENGAN HUKUM PADA KASUS RESIDIVIS KLITIH ]]>
<![CDATA[Dominica Shinta]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72650
<![CDATA[As individuals who are immature both physically and mentally, children are vulnerable human beings. A child has not been able to protect himself because he is not yet considered capable of being held accountable for his actions, considering that he is immature and still growing. The aim of this research is to examine the fulfillment of the rights of children who are in conflict with the law in the case of recidivist klitih in Decision Number 02/Pid.Sus-Anak/2022/PN Yyk. Children as perpetrators of crime must receive special protection and protection in accordance with the law, especially in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of the research study show that even though the perpetrators of criminal acts in the decision are minors who commit repeated crimes (recidivist), their rights as children who are in conflict with the law must fulfill their rights. This research is intended to provide arguments and serve as a reminder for law enforcers to fulfill the rights of children who are in conflict with the law. Keywords: Children, Children's Rights, Recidivist.]]>
<![CDATA[PEMBATALAN PUTUSAN BEBAS AKIBAT PENGABAIAN VISUM ET REPERTUM (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 992KPID2020) ]]>
<![CDATA[Ditria Fridyaswari Twenthina]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72840
<![CDATA[This article aims to determine the suitability of the Supreme Court's considerations in canceling the acquittal by Judex Factie in the rape case against Article 253 paragraph (1) of the Criminal Procedure Code. The type of legal research in this article is normative legal research with a case approach. The technique used in collecting legal materials in this research is literature study. This study uses an analytical technique with the nature of deduction using the syllogistic method, which begins with proposing a major premise, followed by proposing a minor premise in the form of legal facts and conclusions will be drawn from these two premises. Based on this research, it was found that the Judex Factie judge at the Oelamasi District Court was proven not to have applied a rule of law or a rule of law was not applied as it should. So that the consideration of the Supreme Court in canceling the acquittal by Judex Factie in the rape case was correct and in accordance with Article 253 paragraph (1) of the Criminal Procedure Code.Keywords: Supreme Court; Consideration; Visum et Repertum]]>
<![CDATA[SANKSI PIDANA ANAK TERHADAP PENYALAHGUNAAN NAPZA DIKAJI DARI LEGAL JUSTICE ]]>
<![CDATA[Alvien Okta Rajasa]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72654
<![CDATA[Narcotics are drugs used for the medical world for patients who have certain diseases. Of course, with the rules of use according to the instructions of the doctor concerned. However, the problem of drug abuse has become a national and international problem. Narcotics abuse can cause physical, mental, psychological, emotional and attitudinal damage in society. Children who are involved in drugs must get protection both psychologically and legally to avoid psychological disorders that may occur in children and preventive measures of stigmatization of children in conflict with the law and it is hoped that children can return to the social environment in society. The purpose of the research is an objective objective, namely to determine the suitability of the judge's assessment of the evidence in decision number 001/pid.sus-anak/2021/pn skt with the provisions of the Criminal Procedure Code and Law Number 35 of 2009 concerning Narcotics. Meanwhile, the subjective goal is to add, broaden the author's horizons and abilities in studying problems in the field of Criminal Procedure Law. The benefits of research consist of theoretical benefits and practical benefits. The theoretical benefits of the research results can be used to explore the theories that have been obtained by the author in writing legal writing. And the practical benefit is that it can provide benefits and additional knowledge for various parties in need, especially in community groups and in general and parties related to the subject matter. Keywords: Sanctions, Child Crime, Narcotics, Legal Justice]]>
<![CDATA[MENILIK PENERAPAN KEADILAN RESTORATIF DALAM MUKA PERSIDANGAN DI INDONESIA ]]>
<![CDATA[Deva Izzatul Jannah]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.73016
<![CDATA[This article analyzes the application of restorative justice before the trial based on the study of decision number 63/Pid. B/2021/PN Skm. The purpose of this article is to find out the basic considerations of judges in deciding cases with the application of retorative justice as an alternative solution to crime based on the study of decision number 63/Pid. B/2021/PN Skm. This article is a normative legal research with a prescriptive nature and uses primary legal materials 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 syllogism method using a deductive mindset. The results of the study show that restorative justice has been implemented during the trial examination. The Suka Makmue district court judge’s decision has an element of legal certainty by implementing and adhering to legal values and a sense of justice that lives in society. The judge's decision also reflects a sense of justice and expediency, it is said that because all parties involved, both the accused, the victim, and the community can feel a sense of peace as in the same as condition before which is like the principle emphasized by restorative justice, by prioritizing the recovery of victims, the accused and the public.Keywords : Basic Considerations of the Judges; Restorative Justice; The crime of presecution]]>
<![CDATA[KAJIAN KENDALA EKSEKUSI PIDANA BERDASARKAN SEMA NOMOR 1 TAHUN 2011 DENGAN PASAL 270 KUHAP ]]>
<![CDATA[Rafi'ah Nafida Zalna]]>;
<![CDATA[Ismawati Septiningsih]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72656
<![CDATA[This article aims to determine the constraints and legitimacy of prosecutors in carrying out criminal executions based on the provisions of the Supreme Court Circular Letter Number 1 of 2011 in terms of the provisions of the Criminal Procedure Code and legal certainty. This type of legal research is normative research with primary and secondary legal materials using a statute approach and a conceptual approach. The technique of collecting legal materials uses library research and the technique of analyzing legal materials is deductive in nature using the syllogism method. As for the results of this study, it was found that based on Article 79 of the Supreme Court Law and Article 7, 8 paragraph of Law Number 11 of 2011 Supreme Court Circular Letter Number 1 of 2011 is not a statutory regulation, but a policy regulation that only has the power internal binding. As a result, SEMA No. 1 of 2011 by the Prosecutor in the criminal procedural law environment is a form of customary law (customary law) which also has legal certainty because the execution must be carried out against a judge's decision that has permanent legal force (in kracht van gewisjde) and has executive power. So that the execution of a crime using the excerpt of the decision certainly has legal certainty for the convict in assisting the convict to immediately obtain the convict's rights while serving his sentence as an inmate in a penitentiary.Keywords: Criminal Execution; Prosecutor's Constraints, Supreme Court Circular Letter (SEMA), Excerpt of the Decision]]>
<![CDATA[TELAAH PEMBELAAN TERPAKSA (NOODWEER) DALAM PERKARA TINDAK PIDANA PENGANIAYAAN ]]>
<![CDATA[Halimah Annisaa]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72912
<![CDATA[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]]>
<![CDATA[KEKUATAN PEMBUKTIAN AKTA BAWAH TANGAN YANG DITOLAK OLEH TERGUGAT DALAM PEMERIKSAAN PERKARA PERDATA ]]>
<![CDATA[Tasya Sahita]]>;
<![CDATA[Harjono Harjono]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72699
<![CDATA[This research aims to analyze and find out the strength of evidence of private deed evidence which was rejected by other parties or in this case the Defendant and the Judge's considerations in deciding cases and assessing the evidence of private deed in the South Jakarta District Court Verdict Number 54/Pdt.G/2016/Pn. Jkt. Sel. This research is a normative or doctrinal legal research with the nature of prescriptive and applied research. The approach used in this study is a case study approach with primary legal materials and secondary legal materials. The legal material collection technique used is library research. The legal material analysis technique used is the syllogistic method with a deductive mindset, which is based on the major premise and minor premise, which then draw conclusions. Based on this research, it was found that private deed which was rejected by the Defendant has decreased the strength of proof and the burden of proof is free depending on how the judge evaluates in the trial. The Judge's considerations in assessing the evidence of private deed in Verdict Number 54/Pdt.G/2016/Pn.Jkt. Sel have not met the principles of legal certainty, a sense of justice and benefits for the parties.Keywords: Proof, Private Deed, Verdict]]>
<![CDATA[ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG ]]>
<![CDATA[Ajeng Trisna Prameswari]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72715
<![CDATA[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]]>
<![CDATA[PERTIMBANGAN HUKUM HAKIM (RATIO DECIDENDI) TERHADAP PENJATUHAN PIDANA ANAK PELAKU PENCABULAN ]]>
<![CDATA[Nasrul Alief Pratama]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72649
<![CDATA[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]]>
<![CDATA[PERTIMBANGAN HAKIM TERHADAP HAL YANG MEMBERATKAN PADA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT ]]>
<![CDATA[Marco Yoel Simamora Manalu]]>;
<![CDATA[Arsyad Aldyan]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72820
<![CDATA[In an era such today, crimes have increased. Crimes happened as the result of imbalance between human rights and their responsibility as a part of humanity. The damages cause by crimes that'd done by people can be whether its material or immaterial. One of the most famous form of crime that's quite known by people is a crime that involves human bodies. One of the example for that would be persecution. This study's aim in the writing is to analyze the judge's legal considerations in imposing a sentence of imprisonment of 8 (eight) months. The type of research used is normative legal research which is prescriptive and applied. This legal research approach uses a case approach. The legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is library research. The legal material analysis technique used in writing this law is the syllogism method with deductive thinking patterns. Based on the results of the research and discussion, it was concluded that the judge in making a decision complied with the Criminal Procedure Code in considering the juridical and non[1]juridical aspects of the offender.Keyowrds: Aggravating Circumstances ; Judge's Consideration ; Persecution Crime]]>
