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Fakultas Hukum Universitas Sebelas Maret Gedung 3, Departemen Hukum Acara Alamat: Ir. Sutami No. 36A,Kentingan, Surakarta
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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 23 Documents
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Search results for , issue "Vol 5, No 1 (2017)" : 23 Documents clear
Dasar Pertimbangan Hukum Hakim Menjatuhkan Sanksi Dalam Perkara Perdagangan Orang Devi Rohmiati
Verstek Vol 5, No 1 (2017)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v5i1.33442

Abstract

         So many cases of human trafficking by various modes has caused concern among the public. Although the perpetrators was penalized if he was found guilty of that offense, but not all of the court penalizing the same although basically handle similar cases related to human trafficking. This depends on the Public Prosecutor who prove through the indictment and on belief judges in examining and deciding a case.         This case start from the defendant that promise jobs in Hong Kong to the victims, but the victim must pay money to the defendant. The victims agreed, and finally they were dispatched to Hong Kong. Arriving in Hong Kong, the victim neglected and the defendant disappeared. That is why the defendant punished by imprisonment and fines, and also restitution. This study purpose to find out what and how basic legal considerations judge when he make a decision in the human trafficking case on East Jakarta district court ruling number: 55/Pid.Sus/2014/PN.Jak.Tim. This ruling is one of a rare verdict in Indonesia because the judge gave criminal sanctions of imprisonment, fines and also restitution in the once ruling.         Conclusions in this study showed that the judge make a decision based on the case, the law, and the criminal. Three of the element can be reviewed from juridical and non-juridical considerations. The judge's ruling was correct because it contains elements of a good decision.          Keywords : taking of the decision based on, consideration of judge, and the elements of a good decision.
Analisis Pertimbangan Hakim Mahkamah Agung Dalam Mengadili Permohonan Kasasi Penggelapan Betty Kusumaningrum; Edy Herdyanto., S.H., M.H
Verstek Vol 5, No 1 (2017)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v5i1.33408

Abstract

      This research aims to find out what is the basis for consideration of Supreme Court for granted and rejected an cassation in the case of embezzlement in the decision of the Supreme CourtNumber: 373 K/Pid/2015, wasin accordance with the requirements of formal and the terms material of the Criminal Procedure Code.      This research is a study of doctrinal in a way to the law primary and secondary. The technique of collecting material law in this paper is the study of literature that is the collection of legal materials through material written law. The analysis of the legal materials conducted by the deductive method and drawn the conclusion to construct arguments.     Based on the results of research and discussions are produced, it can be concluded that in the case of embezzlement of trademark righta committed by the defendant Soeharso, consideration of the Supreme Court in examining and deciding an cassation by prosecutors against the verdict free from any lawsuits High Court of Semarang on appeal in compliance with the provisions of the Criminal Procedure Code.     (Keyword : Legal Considerations, The Supreme Court, Embezzlement)
Kekuatan Pembuktian Keterangan Saksi Anak Tanpa Sumpah Serta Pertimbangan Hakim Terkait Pemenuhan Asas Minimum Pembuktian Ratna Jayanti Suyono
Verstek Vol 5, No 1 (2017)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v5i1.33440

Abstract

           This theoretically and normatively discussion and study on the strength of evidence for child witnesses testify without oath and the judge's consideration in deciding criminal violence against children review of minimum evidentiary basis of Article 183 of the Criminal Procedure Code. 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 material. This research using deductive method syllogism.            According to the study result of the criminal case about violance against child that happened in Lubuk Pakam which the defendant had flicked and pulled on the ear of his victim until the victim felt pain in the inner ear, in this case the testimony from underage children as witness without oath is considered as additional of evidence and also as indication to the judge, then the judge’s opinion to decides this case have already qualified the principle of minimum evidence in section 183 criminal-law procedural code (KUHAP), where there has been evidence of testimony from witness who has taken an oath followed by testimony from witness without an oath as well as written evidence of Visum Et Repertum result.           Keywords: strength of evidence, child witnesses, minimum basic evidentiary

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