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Verstek
Published by Universitas Sebelas Maret
ISSN : -     EISSN : 23550406     DOI : https://doi.org/10.20961/jv.v9i3.55027
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 20 Documents
 1   2 
Search results for , issue "Vol 11, No 3: 2023" : 20 Documents clear
ANALISIS PERTIMBANGAN MAHKAMAH AGUNG DALAM MENGKABULKAN KASASI PENUNTUT UMUM TERHADAP KESALAHAN JUDEX FACTIE Bagas Prasetya Faliquzzaman; Muthia Sakti
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73789

Abstract

Abstract: This study aims to analyze the consideration of the supreme court regarding the judex factie error in deciding that corruption was acquitted (Study of Supreme Court Decision Number 2407/K/Pid.Sus/2020). This type of normative research is prescriptive with a case approach. The research legal materials used are primary and secondary legal materials with library research collection techniques. This research shows that the consideration of the Supreme Court in decision Number 2407K/Pid.Sus/2020 is in accordance with Article 253 paragraph (1) of the Criminal Procedure Code because judex factie in this case the Decision of the Makassar High Court does not apply the law as it should. Keywords: Supreme Court, Judex Factie, Free Verdic
ANALISIS PENGGUNAAN DAKWAAN ALTERNATIF SUBSIDAIR OLEH PENUNTUT UMUM DALAM PERKARA PERLINDUNGAN ANAK afina akmalia; Arsyad Aldyan
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73335

Abstract

This study aims to determine the suitability of the use of alternative subsidiary forms of indictment by public prosecutors in proving child protection cases with the provisions of the KUHAP based on decision Number 13/Pid.Sus.Anak/2020/PN.Kln. This research is included in normative legal research with a case study. Techniques for collecting primary and secondary legal materials are obtained from document studies or literature. Based on this research, it was found that the use of an alternative subsidiary form of indictment by the public prosecutor in proving child protection cases in Decision Number 13/Pid.Sus.Anak/2020/PN.Kln is by the KUHAP. The Public Prosecutor in preparing the indictment has complied with the provisions stipulated in the Attorney General’s Circular Letter Number SE004/J.A/11/1993 concerning Making Indictments. The preparation of this subsidiary alternative indictment has met the formal and material requirements for an indictment as regulated in the provisions of Article 143 Paragraph (2) of the KUHAP. The Public Prosecutor used an alternative subsidiary form of indictment because the Public Prosecutor was unsure which article was most appropriate to apply to the actions he was charged with against the defendant.Keywords: Indictment, Alternative Subsidiary, Public Prosecutor, Child Protection
KESESUAIAN PUTUSAN HAKIM DALAM PERKARA ANAK SEBAGAI PERANTARA JUAL BELI NARKOTIKA DENGAN UU SPPA Laksmidari Khansa Bella Wisnu Wardani; Kristiyadi Kristiyadi
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73106

Abstract

This article aims to find out the legal considerations used by Judges in deciding a narcotics case with a child who acts as an intermediary for buying and selling narcotics in the study of verdict Number 4/Pid.Sus-Anak/2022/PNWng. The method used in this research is normative legal research that is prescriptive and applied. The research approach uses a case approach. The types of legal materials used are primary legal materials and secondary legal materials with library research/ document studies. Based on the research, the results obtained were that the judge's considerations in deciding criminal cases with children as defendants were in accordance with the Law on Juvenile Justice System. Children Against the Law have fulfilled the elements of the article charged by the Public Prosecutor through evidence that is in accordance with Article 183 of the Criminal Procedure Code. In addition, the trial is also in accordance with the provisions of the Law on Juvenile Justice System where children are tried based on the Juvenile Criminal Justice System. However, in sentencing, the judge felt that he had not been optimal in his considerations where the judge still ruled out several articles and principles in the Law on Juvenile Justice System which affected the outcome of the decision in sentencing.Keywords: Children Against the Law; Narcotics Sale and Purchase Intermediary; The Law on Juvenile Justice System
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.
ANALISIS PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA PENCEMARAN NAMA BAIK MELALUI FACEBOOK Iftita Zahra Anggraeni; Harjono Harjono
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73336

Abstract

This article was written with the aim of knowing the judge's considerations in deciding a defamation case via Facebook based on Decision Number: 303/Pid.Sus/PN Tbt. The method used in this research is normative or docryal which is prescriptive and applied with a case approach. Techniques for collecting primary and secondary legal materials are obtained from document studies or literature. 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 is known that the judge's considerations in deciding the criminal act of defamation through Facebook are in accordance with the elements in Article 45 paragraph (3) Jo. Article 27 paragraph (3) Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. The judge in deciding the case has used at least 2 (two) valid pieces of evidence in accordance with Article 184 of the Criminal Procedure Code, namely witness statements, expert statements, and defendant statements.Keywords: Judge's consideration; Defamation; Evidence
PROBLEMATIKA PELAKSANAAN PEMBERIAN BANTUAN HUKUM PADA TINGKAT PENYIDIKAN Danadyaksa Putra; Nafi’uddin Fauzi Mahfudh
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73108

Abstract

This study aims to find out the the arrangement of the rights of suspects to receive legal aid in Indonesian positive law. In addition, it is also to find out the problems in the implementation of the provision of legal aid at the investigative level. The method used in this research is normative legal research which is prescriptive and applied. The approach that the author uses in this study is statute approach and conseptual approach. The types and sources of legal materials used are primary and secondary legal materials by means of literature/document studies. The law material analysis technique uses the syllogism method using a deductive mindset. Based on the results of the study, it was found that in principle the arrangements regarding the rights of suspects to receive legal aid at the investigation level have been regulated in such a way in various laws and regulations of the Republic of Indonesia. However, legal aid arrangements that have been arranged in such a way do not mean there are no problems in their implementation. The provision of legal aid at the investigation level, where the main arrangement is based on the provisions of Article 56 of the Criminal Procedure Code, there are still various problems in its implementation. The problem can be seen from the legal system, legal structure, and legal culture of the implementation of the provision of legal aid at this level of investigation.Keywords: Legal Aid; Investigation; Suspect
PELAKSANAAN PENERAPAN RESTORATIVE JUSTICE PADA TAHAP PENUNTUTAN DALAM PERKARA PENGANIAYAAN DI KEJAKSAAN NEGERI SURAKARTA Muhammad Daffa Athadia; Vincentius Patria Setiawan
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73076

Abstract

This article was written to determine the implementation of the application of restorative justice in solving persecution cases at the prosecution stage. This research is in the form of normative or doctrinal legal research with a case approach, which is prescriptive and applied. The technique of collecting legal materials used in this study is document studies or literature studies obtained from primary and secondary legal materials. The analytical technique used in this study is the deduction syllogism method, which is drawing conclusions using syllogistic logic for legal reasoning derived from legal rules and facts. Based on this research, it was found that there was a compatibility between the termination of prosecution carried out by the Public Prosecutor and Prosecutor's Regulation no. 15 of 2020 concerning the termination of prosecution based on restorative justice. In this case, the suspect NOVYAN PUTRANTO Alias NOVYAN Bin EDY KUSNANTO committed a crime for the first time. The criminal act of persecution committed by the suspect is regulated in article 351 of the Criminal Code with criminal threats regulated in article 1. This case can also be stopped from prosecution based on Article 3 Paragraph 1 of Prosecutor's Regulation no 15 of 2020. The implementation of restorative justice must refer to applicable regulations and the role of the victim who determines the success of the implementation of restorative justice. Keywords: Restorative Justice; Prosecution; Persecution; Application
NILAI DAN KEKUATAN PEMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU Daniel Milano Tarigan; Muhammad Rustamaji
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73452

Abstract

There has been a lot of research on obscenity, but the discussion on the use of testimonium de auditu in obscenity cases is of interest to the author. This thesis aims to examine the value and strength of the evidence of the testimonium de auditu and the testimony suitability of witnesses from the testimony of de auditu in cases of sexual abuse of children under the provisions of criminal procedural law. The type of this research is normative legal research which is prescriptive and applied. This legal research uses a case approach. The legal materials used on this research consist of primary and secondary legal materials. The collection of legal material used in this research use library research. The legal material analysis technique used in this law research is the syllogism method with deductive thinking patterns. Based on the results of the research and discussion, it can be concluded that the value and strength of evidence in criminal procedural law are all of free value to the judge, as well as the testimony of the testimonium de auditu. Keywords: Testimonium De Auditu; Value and strength of evidence; Witness testimony
KESALAHAN PENERAPAN HUKUM SEBAGAI ALASAN KASASI TINDAK PIDANA TURUT SERTA MEMALSUKAN SURAT SECARA BERLANJUT Arief Agha Raflyansyah; Ismawati Septiningsih
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.73134

Abstract

This legal research aims to find out the misapplication of the law by the District Court Judge as the reason for the Public Prosecutor's cassation against the acquittal in the criminal case of participating in forging letters related to the provisions of Article 253 paragraph (1) of the Criminal Procedure Code and the suitability of the Supreme Court's consideration in examining and deciding the Public Prosecutor's cassation in Supreme Court Decision Number 1086 K/Pid/2022. This legal research is a prescriptive and applied normative legal research with a case study approach. The source of legal material for this research comes from primary legal materials and secondary legal materials. The legal material collection technique used is document study or literature study. The technique of analyzing legal materials in this study uses the syllogism method with deductive thinking patterns. The results of the research and discussion obtained are that the Public Prosecutor can prove the suitability of the reasons for cassation submitted by him with the reasons for cassation contained in Article 253 paragraph (1) of the Criminal Procedure Code, namely in terms of whether it is true that a legal rule is not applied or applied improperly. Therefore, the Supreme Court granted the cassation of the Public Prosecutor and found the defendant guilty of committing the crime charged, then imposed a prison sentence of 6 (six) month.Keywords: Cassation, Mail Forgery, Acquittal Decision.
TINJAUAN PUTUSAN DI LUAR SURAT DAKWAAN TERHADAP PERKARA TINDAK PIDANA NARKOTIKA DAN PENGABAIAN SEMA NOMOR 1 TAHUN 2017 Yuan Angger Prasetya; Arsyad Aldyan
Verstek Vol 11, No 3: 2023
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.59752

Abstract

This research aims to find out the reasons for the judge’s decision outside the indictment against a narcotics crime case associated with the theories in the Criminal Procedure Code and also SEMA Nomor 1 Tahun 2017. This research was conducted using doctrinal or normative legal research methods that are perspective or applied by using primary and secondary legal sources which are certainly related to the topic. The collection of legal materials by means of a literature study and using a statutory approach and a conceptual approach with a deductive syllogism so that it can be found whether the judge can decide on a case of narcotics crime outside the indictment. Keywords: indictment, judge decision, narcotics crime case.

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