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[Pengajuan Kasasi Oleh Penuntut Umum Terhadap Putusan Bebas Dalam Memutus Perkara Penggelapan Dan Pertimbangan Hakim Dalam Memutus Perkara ]]>
<![CDATA[Yunita Hapsari]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33444
<![CDATA[ The case of embezzlement with the dependent H. Basri Lubis do to abuse of, during the thirteen months in a row has received the payment of money from the harvest palm oil. Without permission from my other people, the money used for the sake of personal defendants. The high court, stating that the defendant was released from all lawsuits, because it is not a criminal act. On the appeal, appeal granted and dropped the two years in prison against defendants. Results showed that the reason for appeals by the public prosecutor against the acquittal in a case of embezzlement in accordance with article 253 paragraph (1) letter a, misapplied the law. The public prosecutor submitted cassation against the acquittal because it refers to a constitutional court Verdict Number 114/PPU-X/2012 that allows the acquittal submitted cassation. Law considerations of a supreme court judge in checked and decide upon to grant appeals by the public prosecutor in a case of embezzlement in accordance article 256 of the Criminal Procedure Code. Keywords: Appeal, The Acquittal, Law Attempt]]>
<![CDATA[Kasasi Penuntut Umum Terhadap Putusan Bebas Perkara Penadahan Karena Judex Facti Salah Menerapkan Hukum ]]>
<![CDATA[Deri Setiawan]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33412
<![CDATA[ This study aims to determine the suitability of the cassation by the public prosecutor on the judex facti misapplied the law against the acquittal of fencing case with the rovisions of Article 253 Criminal Procedure Code and to determine the suitability of reasons of the judges of the Supreme Court in examining and deciding the cassation of the prosecution against the acquittal of fencing case with the provisions of Article 256 of the Criminal Procedure Code. The author uses normative legal research, or known as a doctrinal legal research and this research is prescriptive and applied. Defendant Diki Oktaviana (an intermediary for the purchase of canned Cap Kaki Tiga) between the Rahmat and Suherman. Cans and lids should be sent to the PT. Kino Care. A total of 157 720 pcs of cans go for Rahmat to Suherman at the price of 6,000,000 rupiah and Diki Oktaviana awarded a prize of 700,000 of them. While PT. BCL W (the production company and shipper logistics Cap Kaki Tiga Cans) obtaining a loss of 149 million rupiah. Cassation by the public prosecutor on judex facti misapplied the law against the acquittal case of the fence with the provisions of Article 253 Criminal Procedure Code since the Tangerang District Court judge in reaching a decision not to apply the law as it should be, namely Judex factie has misapplied the formal and material law. Reason Supreme Court judges in examining and deciding on the prosecution's cassation against the acquittal of fencing case in accordance with the provisions of Article 256 Criminal Procedure Code. As the Supreme Court considers that the judex facti has misapplied the law. Thus, consideration of the supreme court judge in its Decision No. 104 K / PID / 2015, in accordance with the provisions of Article 255 paragraph (1) jo. Article 256 the Criminal Procedure Code to grant the public prosecutor's cassation in the District Court of Tangerang. Keywords: Cassation, Judgment Free, fencing]]>
<![CDATA[Pertimbangan Hakim Pengadilan Militer III-12 Surabaya Dalam Memutus Tindak Pidana Desersi Pada Waktu Damai ]]>
<![CDATA[Chinitra Septin Prawesti]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33434
<![CDATA[ This study aimed to determine the inspection process the Military Court Judge III-12 Surabaya, Malang, the criminal offense of desertion in peacetime and to know the process of consideration of the Military Court Judge III-12 Surabaya, Malang, the criminal offense of desertion in peacetime.This type of research is in use in this study is that normative research using literature study. Analysis performed by qualitative analysis model. Results of the research that has been done to analyze the data, Basic Considerations Surabaya Military Court Judge III-12 In Malang break Crime Desertion In Time Peace Has Jo In accordance with Article 171 199 of Law No. 31 Year 1997 on Military Courts. The verdict handed down should have a base and a strong consideration in order to provide the fairest decision. Decision of the crime of desertion in peacetime with the presence of the defendant that I researched the case in the Military Court III-12 Surabaya was decided already in accordance with the provisions of the Act is the act that is prohibited by law it really has been done and can in accountability justified by the defendant as well as the absence of a criminal abolish reason, an excuse or justification on the defendant. Keywords : Military Courts, The Judges Verdict, and The crime of Desertion in Peacetime]]>
<![CDATA[Penggunaan Alat Bukti Petunjuk Dalam Pembuktian Tindak Pidana Persetubuhan ]]>
<![CDATA[Wiguna, Thomas Adi]]>;
<![CDATA[Santoso, S.H., M.Hum, Bambang]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33424
<![CDATA[     This study aimed to know the used of evidences in process of authentication indictment of criminal act deliberately persuading the child to intercourse with him as the basis judgement by the judge in decide the case in case study on the verdict number 78/pid.b/2013/pn.unh.     On Saturday, April 6, 2013 at 10:00 pm at the health center located Ladianta district. Wawonii Northeast District. Konawe. Defendant Suzan Azim Als. Yaumi have intercourse with the victim and threatened to kill the victim and the victim's family, the victim just shut up and then cry, victim and the defendant out of the room and defendant told the victim to return to school.     In this criminal act, general prosecutor indicted the defendant with alternative subsidiary indictment. The process of proving in court showed that the evidence used in proving the crime of intercourse is in conformity with the provisions of Article 184 of the Criminal Procedure Code of evidence. Evaluation of the results of proof in Decision Number 78/Pid.B/2013/PN.Unh has given confidence to the judge that the defendant has committed the crime and sentencing of the accused in accordance with Article 183 of the minimum evidence in conjunction with Article 193 paragraph (1) criminal Code that if the court found the defendant guilty of the crime against her, the court dropped criminal.      Keywords: evidence, authentication, criminal acts of intercourse]]>
<![CDATA[Urgensi Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Pelaksanaan Mediasi Dalam Perkara Perceraian Di Pengadilan Negeri Surakarta ]]>
<![CDATA[Thea Rizky Asa Perdana]]>;
<![CDATA[Zakki Adhiliyati, S.H., M.H., LL.M]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33406
<![CDATA[ This research aims to determine the urgency of change in the spreme court rule number 1 in 2016 on the impelemtation of mediation in courts, especially in divorce case at Religious Court of Surakarta where the success raet of mediation in divorce case is still very small. This research is an empirical law and applied with descriptive method. Data used is primary data obtained directly from the Religious Court in Surakarta. Secondary data were obtained from the materials library, books, journals, as well as the results of previous studies. The data collection technique is by interview and study documents or library materials and analyzed using qualitative analysis. The result of the research is that the success rate of mediation in divorce case in the Religious Court of Surakarta si still very small and its implementation hasn’t been effective based on Supreme Court Rule number 1 in 2008. Making the regulatory change become Supreme Court Rule Number 1 in 2016became the urgency for the religous court in Surakarta in order to increase the success of mediation and reduce the number of divorce in Religious Court of Surakarta. Keywords:Mediation, Divorce, Urgency, Religious Court]]>
<![CDATA[Pertimbangan Hakim PT Bandung Dalam Kasus Tindak Pidana Korupsi Secara Berlanjut ]]>
<![CDATA[Immanuel Laurence]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33438
<![CDATA[ The purposes of this research are to find the appeal compatibility about corruption case of procurement goods manipulation by ex-chief of Manpower and Transmigration Department in Tasikmalaya, Drs. H. Adam Wahid Iskandar, MH., with article 233 KUHAP and compatibility of Corruption High Court consideration to Corruption High Court Bandung that make heavier sentence than prosecution with article 183 Jo article 193 KUHAP. This research is a normative legal research which is perspective using case approach. Technique legal materials collection that is used in this research is library research. The legal materials are primary legal material and secondary legal material. According to the result of the research and analysis, the conclusion are (1) the appeal of defendant, Dr. Ahmad Wahid Iskandar, MH. bin Iskandar, to the verdict of Bandung State Court in the case of corruption is qualified in regulation and procedure as stated in article 233 KUHAP (2) Bandung High Court verdict is heavier than prosecution with some considerations that defendant is proven legally and convincingly guilty in the case of corruption as stated in article 3 jo article 18 Law Of The Republic Of Indonesia Number 31 Of 1999 that has been modified and added with Law Of The Republic Of Indonesia Number 20 Of 2001 about Combating Corruption jo article 64 verse (1) KUHP in indictment and also includes additional charges that High Court considers that verdict of Bandung State Court on 22 Oktober 2013 Number 65/Pid.sus/TPK/2013/PN.Bdg that has been appealed can be preserved with some revisions. Key word: Corruption, Appeal, Court Consideration, Court Verdic]]>
<![CDATA[Analisis Putusan Mahkamah Agung Nomor : 1616k/Pid.Sus/2013 Mengenai Pertimbangan Penjatuhan Hukuman Tambahan Pembayaran Uang Pengganti Terhadap Permohonan Kasasi Penuntut Umum ]]>
<![CDATA[Adi Budi Raharjo]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33428
<![CDATA[ Judge carelessness in making decision could potentially hinder the criminal justice process in Indonesia. One of them is related principles in the Integrated Criminal Justice System that held fast, low cost, and simple. Interest focused on a dissenting opinion in the case concerning the sentencing judgment for compensation in the cassation prosecutors in corruption cases Supreme Court Decision Number: 1616K / PID.SUS / 2013. This research is legal prescriptive and applied. The approach used by the author in this legal research is the approach of the case (case approach). Types of legal materials that are used in this paper is a secondary law. Primary law materials used are legislation and the verdict of the Supreme Court number 1616K/PID.SUS/2013, while secondary law is legal materials obtained from library materials in the form of explanations that are not directly acquired through the study of literature , archives relating to the problems examined such charges, demands, verdict, cassation, and scientific writings and other written sources. In this study will be discussed on a review of the verdict of the Supreme Court No. 1616K/PID.SUS 2013 related to the suitability of cassation prosecutor about sentencing for compensation based on the consideration of the supreme court judges in check and decide the appeal. Keywords: compensation, appeal, corruption]]>
<![CDATA[Pertimbangan Pengadilan Tinggi Dalam Memutus Banding Perkara Tindak Pidana Korupsi ]]>
<![CDATA[Benaya Hendriawan]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33430
<![CDATA[ This research aims to know the legal argumentation the appeal memory of prosecutor in an appeal from the vertict of Central Jakarta corruption criminal court in fitting of criminal law code and the judge consideration of corruption criminal court of central Jakarta in checks and deciding the appeal of central Jakarta criminal corruption court verdict. This research is doctrinal research with prescriptive type and case approach research. The technique of legal material coleecting in this research is library research or the primary legal material and secondary legal materia. This research using deductive methode sylogism. Keywords: Legal argumentation of appeal memory, the consideration of high court judge, corruption criminal.]]>
<![CDATA[Argumentasi Hukum Judex Juris Memutuskan Permohonan Kasasi Atas Dasar Ada Dissenting Opinion Dalam Perkara Penipuan ]]>
<![CDATA[Reza Jodyanta]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33420
<![CDATA[ Legal argument is the reason that can be used to amplify or reject an opinion, establishment, or ideas (Sudarsono,1992:32). Arguments occur at the judges deliberation before deciding a case, both judex juris and judex facti. Issues raised is how well suited the judex juris legal arguments in deciding cassation on the basis Dissenting Opinion on article 14 of Law No. 48 Year 2009 regarding Judicial Power in conjunction with Article 30 of Law No. 5 of 2004 on the Amendment of the Act No. 14 Year 1985 regarding the Supreme Court and the Code of Criminal Procedure (Criminal Procedure Code). This research is a descriptive normative law. The data used is secondary data in the form of primary legal materials and secondary law. The data collection technique used is the study of documents and literature studies, research instrument is a Decision Number 791 K / Pid / 2013. The analysis technique used is the deductive syllogism. A decision shall be made by the judge dissent (Dissenting opinion) in case Number: 791 K / Pid / 2013 should correspond to existing provisions, namely Article 182 paragraph (6) Criminal Procedure Code by taking a decision by a majority vote because not achieved consensus. Moreover such decision should comply with the provisions of Article of Law No. 5 of 2005 concerning amendments to the Law No. 14 Year 1985 regarding the Supreme Court in conjunction with Law No. 48 Year 2009 regarding Judicial Power as the fulfillment of the reasons the appeal filed and the exclusion of consideration of the judge and the judge consideration different opinions. Keywords: Dissenting opinion, judicial power,fraud.]]>
<![CDATA[Kedudukan Alat Bukti Berita Acara Nikah Siri Dalam Pembuktian Perkara Persetubuhan Terhadap Anak ]]>
<![CDATA[Vike Elva Maisela]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33452
<![CDATA[ This study aims to determine the position of the minutes of the series in the proof of marriage to child sexual matters in accordance with the Criminal Procedure Code. The method used is a normative legal research prescriptive and applied. The approach used is to approach the case. Source materials used law is the law of primary and secondary materials, and technical analysis of the legal syllogism is deductive method. Based on the research with evidence proving official report of underhand marriage ceremony are in accordance with the provisions of Article 184 paragraph (1) in conjunction with Article 187 d of the Criminal Procedure Code was signed by the parties to create and correctness of the contents supported by other evidence. Up to evidence the minutes of a underhand of marriage have the force of evidence as documentary evidence. Keywords: Evidence, Minutes of Underhand Marriage, Intercourse Against Children]]>
