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[Argumentasi Penuntut Umum Mengajukan Kasasi Terhadap Putusan Bebas Pengadilan Tinggi Semarang Dalam Perkara Penipuan ]]>
<![CDATA[Imanunggal Adhi Saputro]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33512
<![CDATA[ This study aims to determine the suitability of the application of the provisions of the Criminal Procedural Code against the misapplication of the law as the reason for the Prosecution to submit it’s cassation and know the consideration of the Supreme Court Judges in deciding the case of fraud. The method used was the legal research doctrinal prescriptive. The approach used was case approach and using primary legal materials and secondary legal materials a law material source, technical analysis with legal materials using methods syllogism using deductive thinking patterns. Based on the results of this study concluded that the reason the Prosecution cassation, with the reasons of judge misapplied of law in High Court Semarang can be interpreted as a rule of law is not applied or not applied as it should be which is contained in Article 253 paragraph (1) Criminal Procedural Code . On that basis Judge Supreme Court granted the Prosecution cassation grounded Criminal Procedure Code with the issuance of the Supreme Court Decision Number: 957 K / Pid / 2014 and implies the cancellation of Semarang High Court Decision No. 372 / PID / 2013 / PT.SMG Keywords: Cassation, Judgment Free, Fraud, Prosecutor]]>
<![CDATA[Tinjauan Pengajuan Kasasi Penuntut Umum Terhadap Putusan Bebas Perkara Korupsi Dengan Alasan Kesalahan Penerapan Hukum Pembuktian Oleh Hakim Pengadilan Tipikor Bandung ]]>
<![CDATA[Karina Pandora Putri]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33544
<![CDATA[ Cases reviewed in the Supreme Court Verdict Number 1692 K/Pid.Sus/2014 is a corruption case by Boyke Priyono, as the director of the Regional Company Waluya (PD Waluya) of Sukabumi, who accept the offer of investment projects without the correct procedure, a clear proposal, permission from the Supervisory Board and the written agreement of both parties, resulting in a loss of Rp2.324.019.731,00 (two billion, three hundred and twenty four million nineteen thousand seven hundred and thirty-one rupiah). The act which is punishable by Article 2 paragraph (1) and Article 3 in conjunction with Article 18 paragraph (1) letter b of Law No. 20 of 2001 regarding amendments to the Law Number 31 of 1999 on Corruption Eradication jo Article 55 paragraph (1) 1st Criminal Code in conjunction with Article 64 paragraph 1 of the Criminal Code sentenced acquittal by The Bandung District Court’s Judge. After a cassation filed by The Prosecutor by reason the judex factie has misapplied the law of evidence, The Supreme Court’s Judge declared The Defendant guilty of corruption. The results showed misapplication of the rules of evidence by Judges of the Bandung District Court as the reason for Prosecutor's Cassation against the acquittal in corruption cases is in accordance with Article 253 paragraph (1) Code of Criminal Procedure. The reason of the Supreme Court’s Judge in examining and deciding Prosecutor’s Cassation on the basis of misapplication of rules of evidence by The Judges of the Bandung District Court against the acquittal of corruption cases is in accordance with Code of Criminal Procedure, particularly Article 253 paragraph (1) letter a is "Is it true that a rule of law is not applied or not applied as it should be" because judex facti has passed a decision without wisdom of the facts and evidence in the proceedings Bandung District Court. Keywords: Evidentiary, Acquittal, Prosecutor, Cassation, Corruption]]>
<![CDATA[Penetapan Tersangka Korupsi Oleh Kpk Tanpa Bukti Permulaan Yang Cukup Sebagai Dasar Permohonan Praperadilan Ditinjau Dari Asas Due Of Process ]]>
<![CDATA[Nur Ayu Pratiwi]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33534
<![CDATA[ This research aims to determine whether the determination corruption suspect by Corruption Eradication Comission (KPK) without sufficient preliminary evidence in accordance with the principle of due process in law enforcement. This type of research used by the authors to draw up legal research are doctrinal legal research. The author uses the approach of the case (case approach), that is by doing research on cases pertaining who already have permanent legal force. Legal materials analysis techniques used by the author is to use legal reasoning by deduction. Ilham Arif Sirajuddin as The Former Mayor of Makassar named as a suspect by KPK with allegations of coruption. Determination of suspects conducted by KPK are based on preliminary evidence without sufficient due process of investigation is to perform the examination of witnesses, searches, seizure, blocking the account in bank and blocking abroad by KPK after the determination of the suspect. As suspected, Ilham Arif Sirajuddin feeling has occurred arbitrariness since establishment as a suspect was not done according to the procedure applicable law, not only unlawfull but also lead to human rights violations. This is because since the establishment as a suspect result in the loss of a number of civil and political rights as the citizens. Based on research conducted by the author,the obtained result thah the suspects linked to the establishment of corruption committed by KPK without sufficient preliminary evidence is not compatible with the principles of due process in law enforcement. Keywords: determination of the suspect, due process, sufficient preliminary evidence]]>
<![CDATA[Kesesuaian Penggunaan Saksi Verbalisan Serta Petimbangan Hukum Hakim Dalam Menjatuhkan Putusan ]]>
<![CDATA[Alamanda, Azharia Putty]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33524
<![CDATA[   This study aims to determine the position of a verbal witness as well as the effects of legal considerations from the judge in dropping sentences by presenting the verbal witness. Verbal witness or investigator witness is an investigator who became witness to a criminal case at the court because the defedant said that the information contained in the investigation and interrigation report (BAP) is made in a state of tension or there is a difference with the witness statements written in the investigation and interrigation report (BAP). The discussion covered in this research is the presence of a verbal witness conformity with the provisions of Article 184 Criminal Procedure Code and the suitability of the legal considerations of judges in decisions by Article 183 Jo Article 193 paragraph (1) Criminal Procedure Code.    This legal research is normative legal research that tend to be both prescriptive and applied. Using the case approach, this study done by analyzing cases those related with the current issue. The sources of this research are secondary legal material by means of legal documents, and the primary legal material which include book, journal, or article.   The results of the study is that the the testimony of verbal witnesses due to the revocation of the investigation and interogational report which has been done by the defendant could be categorized as one of valid evidence namely suggestion in accordance to Article 184 Criminal Code, also, legal consideration by the judge in dropping sentences has been fitted with the Criminal Code Procedures Article No. 183 Jo. Article 193 section (1) whereas the judge possesing more than two assuring evidence and the court shall sentencing the crime.    Keywords : Identification, Verbal Witness, Consideration of Judge]]>
<![CDATA[Pembuktian Keterangan Saksi Anak Tanpa Sumpah Menurut KUHAP ]]>
<![CDATA[Dipta Yoga Pramudita]]>;
<![CDATA[Bambang Santoso, S.H., M.Hum]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33506
<![CDATA[ The purpose of this study was to determine the child’s evidence witness statements without oath under Article 171 and Article 184 Criminal Procedural Code in proving the case with the threat of force children copulating in Karanganyar District Court. This legal writing including normative law research, using primary and secondary data sources, primary legal materials in the form of Karanganyar District Court's Decision Number 132 / PID.SUS / 2014 / PN.Krg. Source of data used is the Criminal Procedural Code, Act number 23 of 2002 on Child Protection, and other library materials. Data collection techniques used is through secondary data collection, carried out literature studies to collect and collate data related to the problems examined. The data have been obtained after passing the data processing mechanism is then determined the type of analysis, so that the data collected more accountable. Information submitted by the child victims can have the strength of evidence. The victim witness submit the information without an oath in court, under Article 171 and Article 184 Criminal Procedural Code which explains that a child under age may testify without oath, then the information conveyed was appropriate with the Criminal Procedural Code. Keywords: Witness testimony, Child Witness, Without Oath]]>
<![CDATA[Nota Perlawanan Sebagai Upaya Hukum Perlawanan Oditur Militer Di Pengadilan Militer III-14 Denpasar ]]>
<![CDATA[Fery Qoirudin]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33538
<![CDATA[ This research aims is to determine the suitability the memorandum resistance of prosecutor military against cancellation indictment narcotics case by the Military Court III-14 Denpasar with the Act Number 31 of 1997 on Military Justice. This is normative research with case approach with using of primary and secondary law materials. Resistance or Verzet may be submitted by the Public Prosecutor who did not receive the interlocutory judgment that has been handed down by the judges in the court. The incterlocutory judgment are usually dropped after objections from the defendant or their counsel. The interlucotory judgment imposed by the judges could accept the objections filed the defendant or their counsel or it could be the oppsosite, that is rejected the objections raised or their counsel. This research was based on the military criminal cases of Narcotics conducted by I Gusti Ngurah Yudana in the jurisdiction of the Military Court of Denpasar. Based on this research the memorandum resistance of prosecutor military against cancellation indictment narcotics case by the Military Court III-14 Denpasar accordance with the provisions of article 146 paragraph (1) of the Act Number 31 of 1997 on Military Justice, that is filed in accordance predetermined period of time and through a legal procedure. Keyword: The Memorandum Resistance of Prosecutor Military, Military Justice]]>
<![CDATA[Alasan Permohonan Kasasi Penuntut Umum Dan Pertimbangan Hakim Mahkamah Agung Dalam Tindak Pidana Membujuk Anak Melakukan Persetubuhan ]]>
<![CDATA[Dea Arsyandita]]>;
<![CDATA[Edy Herdyanto., S.H., M.H]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33528
<![CDATA[ This legal writing aims are to examine some issues, the suitability of the basic public prosecutor appeals and consideration of Supreme Court judges in criminal act persuade children copulation as stated in Article 253 and Article 256 On Criminal Procedure Code. This is normative research which prescriptive and applied research. Sources of law materials used primary law and secondary law which use of literature study on data collection techniques. Based on facts revealed at court proved that the Defendant had been copulating children as punished into Article 81 Paragraph (1) of Law Number 23 Year 2002 On Children Protection. Research concluded that The Judge judex factie in deciding the case did not apply or apply laws not as appropriate, which in terms of not considering statement of the Witnesses, statement of the Defendant as well as evidences that The Judges apply penal sanctions below minimum provisions against the Defendant. Public Prosecutor objected to penal sanctions dropped by The Judges to the Defendant because there are minimum standard rule and legal considerations of the Supreme Court which granted the public prosecutor's appeal in accordance with provisions of Article 256 on Criminal Procedure Code Keywords: Cassation, Consideration of Judge, Children Copulation]]>
<![CDATA[Alasan Permohonan Kasasi Penuntut Umum Terhadap Putusan Lepas Dari Segala Tuntutan Dalam Perkara Kejahatan Terhadap Asal-Usul Dan Perkawinan ]]>
<![CDATA[Anggi Anindya Wardhani]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33520
<![CDATA[ Case reviewed at Supreme Court’s Verdict Number 937 K/Pid/2013 is a crime against the origins and marriage. The defendant, who is a Public Servant (PNS) in Bangkinang married for the second time, meanwhile the defendant still has legal wife. Before the marriage, The defendant never ask for permission from his legal wife. The purpose of this research is to understand the reasons of the cassation reasons by public prosecutor and the consideration of Supreme Court judges in examining and deciding the case of crimes against the origins and marriage. The results showed that The public Prosecutor submit the cassation application with reasons that the law was not occurred necessarily and it’s consistent with Article 253 Criminal Procedure Code about the reasons of Cassation application. The defendant was right proven guilty, then article 256 is applied. Consideration of the Supreme Court’s Judge in examines the cassation application for onslag verdict is based on the Article 256 juncto Article 193. Keywords: crime against the origins and marriage, cassation reasons, public prosecutor, consideration of the judge]]>
<![CDATA[Kompetensi Absolut Peradilan Agama Dalam Mengadili Perkara Yang Di Dalamnya Terdapat Sengketa Hak Milik Dikaitkan Dengan Asas Personalitas Keislaman ]]>
<![CDATA[Roni Satriya Cahyadi]]>;
<![CDATA[Harjono, S.H., M.H -]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i3.33552
<![CDATA[ This Legal research is to determine the limits of the competence of the Religious Courts adjudicate on property right disputes associated with the principles of Islamic personality, as well as its application in the Supreme Court Decision No. 001-SKM / MA / 2015. This is prescriptive normative research. The approach used case approach and statute approach with the primary law and secondary law sources. The primary law sources are the law no. 3 of 2006 and the Supreme Court Decision No. 001-SKM / MA / 2015, and secondary law sources are books, law journals and other article documents related to the competence of the Religious Courts on property right disputes. Based on Article 50 of Law No. 3 of 2006 on the Religious Courts, the competency of Religious Court are property right disputes among Muslim, the dispute has samilar object with the competency of Religious Court, and case of property right disputes with proceedings ini Religious Court are not independent or interrelated cases one another. The implementation in the case that implied in Supreme Court decision number 001-SKM / MA / 2015 about dispute adjudicate competency between District Court of Limboto against Religious Court of Limboto regarding similar object which is a property right dispute on District Court in case of marital property distribution on Religious court, which is in the decision concluded that property right dispute along with marital property distribution is settled by Religious Court in one verdict. Keywords : Religious Courts, Property Right, Islamic Personality]]>
<![CDATA[Alasan Kasasi Tidak Dapat Dibenarkan Dalam Perkara Kecelakaan Lalu Lintas ]]>
<![CDATA[Imanuel Jayanto]]>;
<![CDATA[Sri Wahyuningsih Yulianti, S,H., M.H]]>
<![CDATA[ Verstek Vol 5, No 3 (2017) ]]>
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DOI: 10.20961/jv.v5i3.33510
<![CDATA[ This research aim is to determine the suitability of Cassation reason cannot be justified in the case of traffic accidents with article 253 (1) of criminal code procedure. The research method used was the normative legal research. The approach used was approach legislation and conceptual approach. The source of the legal materials used are primary and secondary legal materials. The matter of traffic accidents committed by Hodland Marpaung with the verdict of the District Court of Surabaya number: 2555/PID. B/2012/PN. Sby with Avenged imprisonment for 5 (five) months, probation for 10 (ten) months. Has filed an appeal which was later terminated with the ruling of the High Court of Surabaya Number: 266/PID/2013/PT. SBY in which dropped the imprisonment for 5 (five) months. The defendant then apply for cassation against that ruling with reasons judex facti wrong applying the law. The filing of the appeal by the defendant accepted by the Supreme Court with the ruling of the Supreme Court of the Number 47 k/Pid/2014 which cancels the previous ruling. Based on research it can be concluded that the reasons for the appeal of the defendants can not be justified by judex facti not wrong to apply the law in regard to the objection of Cassation High Court ruling concurred District Court Keywords:, Cassation, traffic, the defendant]]>
