cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Rustamaji
Contact Email
verstek@mail.uns.ac.id
Phone
+6285865999842
Journal Mail Official
verstek@mail.uns.ac.id
Editorial Address
Fakultas Hukum Universitas Sebelas Maret Gedung 3, Departemen Hukum Acara Alamat: Ir. Sutami No. 36A,Kentingan, Surakarta
Location
Kota surakarta,
Jawa tengah
INDONESIA
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 4 (2023)" : 20 Documents clear
PERTIMBANGAN HAKIM MENJATUHKAN VRIJSPRAAK DALAM TINDAK PIDANA NARKOTIKA (PUTUSAN NOMOR 1434/PIDSUS/2018/PN MKS) Abiyyu Ahmad Patria; Kristiyadi Kristiyadi
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.79270

Abstract

The author conducted research related to the evidentiary process at the trial that gave an acquittal against narcotics crime, whether the Panel of Judges in giving an acquittal was by following existing regulations in Indonesia, especially in the Criminal Procedure Code (KUHAP) and in Act of the Republic of Indonesia Number 35 Year 2009 Concerning Narcotics. This research is normative law research. In this legal research, the author uses primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature study by the topic of the case that the author takes. This legal writing uses a qualitative analysis technique with a deductive syllogism method. Based on the results of the study, Verdict Number: 1434/Pid.Sus/2018/PN.Mks is in accordance with Article 183 jo Article 191 of the Criminal Procedure Code (KUHAP), this is in accordance with the considerations given by the Judge in the evidentiary process in the trial. This research aims to provide input to law enforcers to be careful in handling cases so that it does not occur in the verdict of acquittal of narcotics crime cases by following per under the objectives of in Act of the Republic of Indonesia Number 35 Year 2009 Concerning Narcotics.Keywords: Acquittal; Evidence; Narcotics.
DAMPAK HUKUM KREDITOR ATAS PEMBATALAN HAK TANGGUNGAN BERDASARKAN PUTUSAN PENGADILAN Zaidan Yusuf Kinayungan; Harjono Harjono
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76040

Abstract

This article analyzes the legal impact on creditors of a mortgage rights that is cancelled by law based on a court decision. This article aims to find out how the legal consequences of amortgage rights that is cancelled by law based on a court decision. The research method used in this article is a normative legal research method. This research is prescriptive and applied. The technique of collecting legal material used in this research is a literature study with primary and secondary legal materials. Based on the results of the research, it can be concluded that the legal impact of creditors on the cancellation of mortgage rights based on court decisions is the loss of the creditor's position as a separatist creditor with the right to parate execute on the basis of the executorial title to become a concurrent creditor who has the same position as other creditors without mortgage rights.Keywords: Cancellation of Mortgage Rights, Legal Impact, Creditor’s Position
ANALISIS KEKUATAN PEMBUKTIAN VISUM ET REPERTUM SEBAGAI BUKTI DALAM TINDAK PIDANA PEMERKOSAAN Salafiyyah Diwayanti; Arsyad Aldyan
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.74874

Abstract

This study aims to explain how the strenght of evidence (bewijskracht) for Visum et Repertum as evidence in the crime of rape in Decision Number 42/Pid.B/2021/PN.Kds. The research method used is a normative legal research method with a prescriptive nature of research and uses a case approach. This research shows that Visum et Repertum is important as evidence in the crime of rape because it plays a role in the process of proving a criminal case which can provide a clear picture of crime. Strenght of Evidence (bewijskracht) for Visum et Repertum in Decision Number 42/Pid.B/2021/PN.Kds is independent for the judge. The evidence presented in this case in the form of witness testimony, defendant’s statement, Visum et Repertum letter are related to one another. The strenght of the evidence is the same, no one exceeds the other. The strenght of the proof is free and not binding, depending on the judges’s assesment Keywords: Strenght of Evidence, Visum et Repertum
PERTIMBANGAN HAKIM DALAM MEMERIKSA DAN MEMUTUS PERKARA ITE BERMUATAN SARA (STUDI PUTUSAN NOMOR 169/PID.SUS/2017/PN.RAP) Dini Adhilia; Vincentius Patria Setiawan
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76681

Abstract

The purpose of this research is to find out the consideration of judges  in examining and deciding case of hate speech and hostility cases that contain ethnicity, religion, racial, and inter-group (SARA) to Decision Number: 169/Pid.Sus/2017/PN Rap. This research is a perspective normative legal research, and applied. The approach used is case approach based on case study. The type and sources in this research use primary and secondary legal materials with legal material collection techniques in form of literature studies. The analysis technique uses syllogistic deduction by formulating the facts from the mayor premise and minor premise. The results of the research and subsequent discussion shows in deciding and examining cases of hate speech, there must be at least two pieces of evidence and from the facts that appeared at trial, apart from that there were also aggravating and mitigating circumstances so that the judge's conviction emerged to sentence him to imprisonment 2 (two) years and a fine of Rp. 1,000,000,000.00 (one billion rupiah) with the provision that if the fine is not paid it will be replaced by imprisonment for 3 (three) months.
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
AKIBAT HUKUM DALAM PENETAPAN PENGAMPUAN PENYANDANG DISABILITAS DI PENGADILAN Muhammad Nur Fahmi; Muhammad Rustamaji
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76141

Abstract

Every human being according to law has the same rights and obligations, but not all of them are capable of carrying out legal actions. For persons with disabilities in carrying out legal actions they are under the protection of this article. The research method was carried out using a descriptive normative approach. Legal materials in the form of documents from library studies, court decisions. Analysis by examining the legal consequences arising from the judge's decision No. 53/Pdt. P/2020/PN Slw Tegal. The results of the study show that the legal consequence of determining the granting of disability by the court is in the form of giving the guardian authority to take legal action. Persons with disabilities are no longer able to carry out legal actions and in carrying out legal activities are carried out by supervisors. The custodian has the responsibility to carry out the mandate to protect those who are assisted in carrying out legal actions.Keywords: Judge's Consideration; Determination of Amnesty; Disabilities
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
PERANAN BERITA ACARA PEMERIKSAAN LABORATORIS KRIMINALISTIK DALAM PEMBUKTIAN DI PERSIDANGAN (STUDI PUTUSAN NOMOR 118/PID.SUS/2019/PN SKT) Alwin Bobby Bramasto; Harjono Harjono
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76777

Abstract

This article analyzes the role of documentary evidence in the form of minutes of laboratory examination in the evidence at trial in the Decision. Number 118/Pid.Sus/2019/Pn Skt. This research uses a normative research type and is perspective and applied. This legal research uses a case approach. The basis for this approach is the ratio decidendi or reasoning, namely the judge's reasons for arriving at a decision. The source of research materials uses two materials, namely primary legal materials and secondary legal materials. The data collection technique used was document study (literary study) and the data analysis technique used was the syllogistic method using a deductive mindset. In the results of the discussion and research results here, the documentary evidence in the form of minutes of laboratory examinations has an important role in proving in the cases being studied, namely being considered by the Judge in proving the charges filed by the Public Prosecutor. The judge in this case has decided the case in accordance with the provisions of the Criminal Procedure Code because he has considered at least two valid pieces of evidence and has also considered the facts at trial.
ANALISIS DISPARITAS DALAM PENJATUHAN PUTUSAN BAGI PELAKU TINDAK PIDANA “MAIN HAKIM SENDIRI” (EIGENRICHTING). Adhinda Ratih Nuriana; Muhammad Rustamaji
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.73825

Abstract

This study aims to explain the legal considerations of judges in imposing criminal penalties on perpetrators of "eigenrichting" and to analyze the disparities contained in Decision Number 235/Pid.B/2017/PN.Brb and Decision Number 84/Pid.B/2017/PN .snt. This research is a normative legal research with a prescriptive nature of research and uses a case approach. This research shows that the basis of the judge's legal considerations in the two decisions both considered the elements in Article 170 paragraph (2) 3 of the Criminal Code, all of the defendants have been proven to fulfill the elements of the article. However, in legal considerations, the judge considers juridical aspects such as the indictment, elements of the articles charged, charges and pledoi, as well as non-juridical aspects such as the facts found in the trial. Apart from that, based on the judge's legal argument, what gave rise to the disparity in the two decisions was found in the judge's considerations, namely: 1. The aggravating and mitigating circumstances of the defendant; 2. The background of the defendant's actions; 3. As a result of the defendant's actions; and 4. Purpose of sentencing. Apart from that, other factors that cause disparity are the forgiveness of Decision Number 84/Pid.B/2017/PN.Snt and the provision of condolence money to the victim's family.Keywords : Disparity, Legal Considerations
KOMPARASI PENGAMPUAN (CURATELE) ANTARA INDONESIA DENGAN AMERIKA SERIKAT Danindra Kurnia Dafa; Zakki Adlhiyati
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.76142

Abstract

This article analyzes the comparison of guardianship or curatele between Indonesia and the United States. This article aims to determine the types and differences between guardianship (curatele) in Indonesia and the United States. The research method used in this article is a normative legal research method. This research has a descriptive research nature. The collection of legal materials is done by literature study with primary and secondary legal materials. Based on the results of the research, it can be concluded that there are differences between Indonesia and the United States, the differences are in the types of guardianship that exist in both countries, namely Indonesia and America. In Indonesia, a guardian (curator) usually only has rights and duties in accordance with what has been decided or determined by the Court at the time of the appointment of a guardian, while in the United States, guardianship is divided into 3, namely, guardianship of the person, guardianship of the estate, and guardian ad litem.Keywords: Comparison, Guardianship, Indonesia and United States

Page 2 of 2 | Total Record : 20

 1   2 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol 12, No 4: OKTOBER - DESEMBER 2024 Vol 12, No 3: JULI - SEPTEMBER 2024 Vol 11, No 4 (2023) Vol 11, No 3: 2023 Vol 11, No 2: 2023 Vol 11, No 1: JANUARI - APRIL 2023 Vol 11, No 1: 2023 Vol 10, No 4: 2022 Vol 10, No 3: 2022 Vol 10, No 2: 2022 Vol 10, No 1 (2022): JANUARI - APRIL Vol 10, No 1: 2022 Vol 9, No 4: 2021 Vol 9, No 3 (2021) Vol 9, No 3: 2021 Vol 9, No 2: 2021 Vol 9, No 2 (2021) Vol 9, No 1: 2021 Vol 9, No 2: MEI - AGUTUS Vol 8, No 3 (2020): DESEMBER JURNAL VERSTEK VOL. 8 NO. 3 ( SEPTEMBER - DESEMBER 2020 ) Vol 8, No 2 (2020): AGUSTUS Vol 8, No 1 (2020): APRIL Vol 8, No 3: SEPTEMBER - DESEMBER Vol 8, No 2: MEI - AGUSTUS Vol 8, No 1: JANUARI-APRIL Vol 7, No 3 (2019): DESEMBER Vol 7, No 2 (2019): AGUSTUS Vol 7, No 2 (2019) Vol 7, No 1 (2019): Foreword Vol 7, No 1 (2019): APRIL Vol 7, No 3: SEPTEMBER - DESEMBER Vol 7, No 2: MEI - AGUSTUS Vol 7, No 1: JANUARI-APRIL Vol 6, No 3 (2018) Vol 6, No 3 (2018): DESEMBER Vol 6, No 2 (2018) Vol 6, No 2 (2018): AGUSTUS Vol 6, No 1 (2018) Vol 5, No 3 (2017) Vol 5, No 2 (2017) Vol 5, No 1 (2017) Vol 4, No 3 (2016) Vol 4, No 2 (2016) Vol 4, No 1 (2016) Vol 3, No 2 (2015) Vol 3, No 1 (2015) Vol 2, No 3 (2014) Vol 2, No 2 (2014) Vol 2, No 1 (2014) Vol 1, No 3 (2013) Vol 1, No 2 (2013) Vol 1, No 1 (2013) More Issue