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[PERTIMBANGAN HAKIM PENGADILAN NEGERI SURAKARTA DALAM MEMUTUS PERKARA PERSETUBUHAN OLEH ANAK ]]>
<![CDATA[Afif Falady Al Rasyid]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71500
<![CDATA[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]]>
<![CDATA[ANALISIS PERTIMBANGAN MAHKAMAH AGUNG DALAM MENGABULKAN KASASI TERDAKWA (STUDI PUTUSAN NOMOR 2959/K/PID.SUS/2022) ]]>
<![CDATA[Yaying Prabaswara]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71539
<![CDATA[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;]]>
<![CDATA[PERTIMBANGAN HAKIM MAHKAMAH AGUNG MENGABULKAN KASASI PENUNTUT UMUM DALAM PERKARA PEMBUNUHAN BERENCANA ]]>
<![CDATA[Safa Rahaynia Sekar Wigati]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.72218
<![CDATA[This study aims to determine the suitability of the Supreme Court's consideration that granted the Cassation of the Public Prosecutor in the Murder Case based on the Supreme Court Decision Number: 1282 K/1282/2020 with the provisions of the Criminal Procedure Code. This research is a prescriptive normative legal research with a case approach (case approach). Legal material collection techniques using literature studies by analyzing primary legal materials and secondary legal materials. The legal material analysis technique used by the deductive syllogism method. The results showed that the consideration of the Supreme Court who granted the Public Prosecutor's Cassation Request so as to cancel the Judex Factie's decision and prosecute the case by stating the defendant was proven to have committed a planned murder in accordance with the provisions of Article 255 paragraph (1) of the Criminal Procedure Code in conjunction with Article 340 of the Criminal Code. The Supreme Court stated that the Judex Factie was wrong in applying the proof law by not paying attention to the legal facts revealed at the trial, where the defendant had been proven to have committed a planned murder because of the fulfillment of the planned element of the plan.Keywords: Cassation; Consideration; Premeditated Murder]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM MENYATAKAN GUGUR PERMOHONAN PRAPERADILAN (STUDI PUTUSAN NO. 1/PID.PRA/2019/PN.PNM) ]]>
<![CDATA[Diah Ayu Sulistyaningrum]]>;
<![CDATA[Moch Pring Musibatawi]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.72058
<![CDATA[This article analyzes the considerations judge's for dismissing the pre-trial in Court Decision Number 1/pid.pra/2019/Pn.Pnm. The purpose of this article is to determine whether the judge's considerations in declaring the pre-trial application for Court Decision Number 1/pid.pra/2019/Pn.Pnm in accordance with Article 82 paragraph (1) letter d of Criminal Law Procedure Code jo Decision of Constitutional Court Number 102/PUU-XIII/ 2015. This reseaarch is a normative reseacrh that is both prescriptive and applied. A case study approach was used in the research. Techniques for gathering data through library research. The legal sources used are primary and secondary legal materials. The results of the study showed that The judge's consideration for declaring the nullity of pre-trial application in Court Decision Number 1/pid.pra/2019/Pn.Pnm is accordane with Article 82 paragraph (1) letter d Criminal Procedure Code and Decision of Constitutional Court Number 102/PUU-XIII/2015, because the first trial was held regarding the subject matter.Keywords: Pretrial; Judge's Consideration; The Nullity of Pre-trial]]>
<![CDATA[RATIO DECIDENDI MAHKAMAH AGUNG MEMBATALKAN PUTUSAN JUDEX FACTIE DAN MENGADILI SENDIRI DALAM PERKARA NARKOTIKA ]]>
<![CDATA[Ivana Gisela Ardelia]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71497
<![CDATA[This research aims to find out the ratio decidendi of the Supreme Court which annulled the Judex Factie’s decision and made judgment on own authority in a narcotics crime case in accordance with Article 256 jo. 255 of the Criminal Procedure Code. This research is aimed at examining the application of criminal procedural law to the Supreme Court Decision Number 4043K/Pid.Sus/2020 which in its decision annulled the Judex Factie’s decision and made judgment on own authority in a narcotics crime case. This type of research is normative research that is prescriptive and applied with a case approach. The legal materials used are primary and secondary legal materials, while the technique of collecting primary and secondary legal materials used is literature study. Based on the results of the discussion, that the ratio decidendi in Supreme Court Decision Number 4043K/Pid.Sus/2020 which annullled the Judex Factie’s decision and made judgment on own authority in accordance with the provisions of Article 256 jo. Article 255 KUHAP. This is because the Defendant was not legally and convincingly proven guilty of committing a crime as charged in the first or second indictment of the Public Prosecutor.Keywords: Cassation Defendant; Narcotics; Ratio Decidendi]]>
<![CDATA[ANALISIS PEMBUKTIAN PENUNTUT UMUM PADA TINDAK PIDANA NARKOTIKA (STUDI PUTUSAN NOMOR : 22/PID.SUS/2022/PN.KRG ]]>
<![CDATA[Silvia Meilani Al Islami]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71533
<![CDATA[This research aims to determine the suitability of the Public Prosecutor's evidentiary construction in proving drug abuse for dealers inVerdictNumber 22/Pid.Sus/2022/PN Krg with the evidentiary law. This research is normative or doctrinal legal research. The nature of this research is perscriptive and applied. The approach used in this study is the case approach. The legal materials used are primary legal materials and secondary legal materials. The legal material collection technique used in this study is a literature study. The legal material analysis technique used is a syllogism method with a deductive mindset, which is based on a major premise and a minor premise which is then drawn conclusions.Based on this research, the results were obtained that the construction of proof of the Public Prosecutor in proving drug abuse for dealers in VerdictNumber 22/Pid.Sus/2022/PN Krg has been in accordance with the evidentiary law.Keywords: Proof; Narcotics;Verdict]]>
<![CDATA[PENGGUNAAN SAKSI VERBALISAN PADA PEMBUKTIAN PERKARA PENCURIAN DALAM KEADAAN YANG MEMBERATKAN ]]>
<![CDATA[Novita Iskawati]]>;
<![CDATA[Putri Mahadewi]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.72102
<![CDATA[This article analyzes the use of verbal witnesses at proving the case of theft in a situation that burdens the Decision Number 45/Pid.B/2021/PN Wng. The purpose of this article was to determine the compatibility between the use of verbal witness thereof theft in a situation that burdens the provisions of Law Number 8 of 1981 concerning Law of the Criminal Procedure or Book of the Crime Law of the Crime Event (KUHAP). This writing uses normative legal research methods that are prescriptive and applied with a case approach. The type of legal material used is primary and secondary legal material, in terms of document literature studies or literature, and techniques for legal material analysis using the deductive cylogism method. The results showed that the compatibility of the use of verbal witnesses in proving the case of theft in a situation that burdens in Decision Number 45/Pid.B/2021/PN Wng with KUHAP based on the provisions of Article 163 KUHAP where the witness’s information at the trial is different from investigation report, so the chairman of the panel of judges can ask information about the difference, in this case the judge asked to present verbal witness and the position of verbal witness in proving the error more to complementary evidence that doesn’t stand alone and become clue evidence in accordance the Article 184 KUHAP.Keywords: Clue; Proving; Verbal Witness.]]>
<![CDATA[KAJIAN TERHADAP PUTUSAN HAKIM PADA TINDAK PIDANA PENCABULAN OLEH ANAK DITINJAU DARI SPPA ]]>
<![CDATA[Tiara Maharani Maharani]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71768
<![CDATA[This Article was created with the aim of finding out whether the judge’s decision handed down against the child perpetrator of continued obscenity is in accordance with the provisions of the Juvenile Criminal Justice System Act. This research is a normative legal research that is prescriptive and applied. Using primary and secondary legal materials. With Case Approach. The types and sources of legal materials used are primary and secondary legal materials. The technique of collecting legal materials is a library study. The legal material analysis technique uses the deductive syllogistic method or syllogistic deduction. The results of the study show that the judge in passing judgment on the child perpetrators of obscenity continues in accordance with the law on the juvenile criminal justice system.Keywords: Perpetrator’s child, judge’s decision, fornication; child criminal justice system]]>
<![CDATA[KAJIAN TENTANG KETIDAKABSAHAN PENAHANAN DAN PROSES EKSEKUSI SEBAGAI ALASAN PRAPERADILAN DITINJAU DARI KUHAP ]]>
<![CDATA[Adhimas Fauzan Restikafendy]]>;
<![CDATA[Hanuring Ayu AP]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71516
<![CDATA[This study aims to find out whether the pretrial petition regarding invalidity was eliminated and the execution processin the caseof the crime of diploma forgery in Decision Number: 06/Pid/Pra/2019/PN.Jkt.Tim is in accordance with Article 77 of the Criminal Procedure Code.The type of research used is doctrinal or normative legal research methods. The nature of the research used is prescriptive. The research used was a case approach, in which this research approached the position of the case and pretrial reasons put forward by the Petitioner. The primary legal materials used in this research are laws and regulations and Court Decision Number06/Pid/Pra/2019/PN.Jkt.Tim. While the secondary legal materials in this study are reference books, journals and legal publications, theses and articles from the internet that are relevant to the topic raised. The legal material collection technique used is library research. The analysis technique used is a deductive syllogism which originates from the major premise and minor premise so that conclusions can be drawn. Based on the results of the research, it can be concluded that the reasons for the pretrialrequest in Decision Number: 06/Pid/Pra/2019/PN.Jkt.Tim are not in accordance with Article 77 of the Criminal Procedure Code because these reasons are not included in the scope of pretrial.Keywords: Execution,criminal procedure code,detention, pretrial]]>
<![CDATA[PERTIMBANGAN HAKIM MENJATUHKAN PIDANA TINDAK PIDANA PERSETUBUHAN KEPADA ANAK (Studi Putusan Nomor 3/Pid.Sus-Anak/2022/PN Wng) ]]>
<![CDATA[Niko Edi Santoso]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71513
<![CDATA[This study aims to determine the appropriateness of the application of the law in the Wonogiri District Court Decision Number: 3/Pid.Sus-Anak/2022/PN Wng which in its decision imposed a prison sentence of 2 (two) years 6 (six) months and 1 (one) month of training work at the Wonogiri Detention Center for Children The perpetrators of child sexual intercourse which are carried out continuously are associated with Article 79 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System. The research method used is normative legal research which is prescriptive and applied. Types of legal materials include primary and secondary legal materials. The legal material collection technique used was literature study, then the analysis technique used was the deductive syllogistic method, namely drawing conclusions based on the submission of the major premise linked to the minor premise. The results of the study show that the judge's considerations based on juridical and non-juridical considerations impose criminal sanctions in the crime of committing a child. is in accordance with Article 79 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.Keywords: Judge's Consideration; Intercourse; Child]]>
