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[Kekuatan Pembuktian Surat Letter C Dalam Pemeriksaan Sengketa Tanah di Persidangan ]]>
<![CDATA[Annisa Oktaviani]]>;
<![CDATA[Harjono, S.H., M.H -]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30038
<![CDATA[ This study aims to determine the strength of evidence of Letter C fled by the Plaintiff in court and the appropriateness of judges’ consideration in applying Government Regulation No.24 of 1997 on Land Registration. This legal research is a doctrinal or normative legal research that is descriptive. The research approach used in the writing of this law, the case study (case study). Sources of legal materials using primary legal materials and secondary legal materials. The technique of collecting legal materials is done by literature study or document study. The technique of analysis of law materials is a deductive method of syllogism. The results and discussions indicate that Letter C or quotation of Letter C can not be used as evidence in court if it is not accompanied by other evidence and the strength of the proof is left to the judge’s consideration. Judge consideration in deciding the land case must be in accordance with the regulation Government Regulation Number 24 of 1997 concerning Land Registration.Keywords: Letter C, evidence of Letter C, Land Registration]]>
<![CDATA[Pelaksanaan Eksekusi Putusan Pengadilan Terhadap Sebagian Obyek Eksekusi Yang Dikuasai Pihak Ketiga ]]>
<![CDATA[Riswanda Harvianto]]>;
<![CDATA[Heri Hartanto, S.H., M.H]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30070
<![CDATA[ This study aims to determine the process of court verdict execution on the object of execution controlled by third parties and the obstacles that experienced in executing the verdict and the solution to the verdict Number 30 / Pdt.G / 2009 / PN.Ska Jo Number: 347 / Pdt / 2009 / PT.Smg Jo Number: 1274K / Pdt /2010 Jo Number: 222PK / Pdt / 2015. This research is a descriptive empirical law research. The sources used in this study are primary legal materials and secondary legal materials. Data collection techniques used were feld studies at the Surakarta District Court and literature study, the main study in this study was Verdict Number: 30 / Pdt.G / 2009 /PN.Ska Jo Number: 347 / Pdt / 2009 / PT.Smg Jo Number : 1274K / Pdt / 2010 Jo Number: 222PK /Pdt/ 2015. The data analysis technique used is interactive analysis. Based on the results of research and discussion, concluded that the process of execution of the object controlled by a third party implemented by negotiation with the third party which ultimately resulted in the agreement of giving amends to third parties. Execution may be executed after a request for judicial review fled by the defendant and the resistance proposed by a third party is declared rejected. The obstacles experienced in executing the execution itself are from the frst judgment itself because, in consideration of the judge who decides at the frst level the so-called party to take control of the object of dispute the settlement may be done outside the court but, in its implementation the third party is resisting so that the execution process had experienced a delay.Keywords: Execution, Civil Verdict, Third Parties]]>
<![CDATA[Akibat Hukum Penolakan Pengajuan Peninjauan Kembali Terhadap Pelaksanaan Eksekusi Pidana Mati Terpidana Pelaku Tindak Pidana Narkotika ]]>
<![CDATA[Fajri Almanar]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30050
<![CDATA[ This research aims to determine the legal consequences of rejection of the submission of the Judicial Review sentenced to death of Narcotics Criminal (Study of Supreme Court Decision Number 145 PK /PID.SUS / 2016) and the appropriateness of reasoning based on Article 263 jo. Article 268 of the Criminal Procedure Code. This research is a normative legal research that is prescriptive. The approach used isthe approach of law (statue approach). Research resources in the form of primary legal materials and secondary legal materials. Techniques of collecting legal materials through document studies (library research) with techniques of legal material analysis based on the method of syllogism through deductive thinking patterns. Based on the result of the research, the reason for the submission of the Judicial Review sentenced to death of Fredi Budiman that is new evidence, a mistake of the Judge, and contradictory decisions is not in accordance with Article 263 jo. Article 268 of the Criminal Procedure Code based on the Judges Consideration, then another issue concerning the legal consequences arising from the rejection of the review is the execution of a death which has been in accordance with Article 270 jo. 271 that the execution is carried out by the Prosecutor and its implementation is not done in public and according to the Act.Keywords: Judicial Review, Legal Consequences, Death Penalty, Narcotics.]]>
<![CDATA[Pertimbangan Mahkamah Agung Mengabulkan Permohonan Kasasi Oditur Militer Terhadap Putusan Bebas Dalam Perkara Tindak Pidana Pencurian dalam Keadaan Memberatkan ]]>
<![CDATA[Ivandra Oktarino Putra]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30082
<![CDATA[ This research is aimed to know the legal aspects of the review of the supreme court granted the motion to quash military judge-advocate in case of theft with aggravating circumstances. The used search method is the normative legal research. The approach used was approach legislation. The source of the legal materials are primary and secondary legal materials. Note that the reason for which the military judge advocate has fled an appeal on the verdict of the court verdict Military Tribunal III-13 Madison number: 30-K/PM. III-13/AD/VIII/2015 has been in accordance with article 231 Article 239 jo Act No. 31 of 1997, which contains a criminal verdict given by the Court of appeal or the Court of frst instance and the latter , the defendant or judge advocate may apply to the Supreme Court before the Court against the verdict, unless it is free from any claim due to the verdict of the Constitutional Court No. 114/PUU-X/2012 containing the revocation of article 244 law - Law No. 8 of 1981 tahung CODE of criminal procedure that also contains the brand article 231 Article 239 jo Act No. 31 of 1997 and as well, Article 231 Article 239 jo Act No. 31 of 1997 became has not the strength of the binding of the law and the supreme court granted the petition of appeal against verdicts are free.Keywords : Cassation, Military Tribunal, The crime of theft with aggravating circumstances]]>
<![CDATA[Aspek Hukum Pertimbangan Mahkamah Agung Mengabulkan Permohonan Kasasi Penuntut Umum Terhadap Putusan Bebas dalam Perkara Tindak Pidana Usaha Pertambangan Tanpa Izin ]]>
<![CDATA[Ardiansyah Putra]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30040
<![CDATA[This research aims to know the legal aspects of the consideration of the Supreme Court granted the petition for Cassation of the prosecutor in case of Ilegal Mining. The research method used was the normative legal research. The approach used was approach legislation and the approach to the case. The source of the legal materials used are primary and secondary legal materials. Note that the reason the prosecutor fled a cassation over the verdict of the District Court’s of Solok verdict number: 57/Pid.sus/2013/PN.Slk has been according to Article 256 KUHAP jo. Article 158 Act No. 4 of the year 2009, then the Supreme Court authorized the application for appeal against the verdict.Keywords: Cassation, Illegal Mining,Verdict]]>
<![CDATA[Kekuatan Pembuktian dan Penilaian Alat Bukti Visum Et Repertum dalam Tindak Pidana Pembunuhan Berencana ]]>
<![CDATA[Narulita Anggun]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30072
<![CDATA[ The purpose of this research is to fnd of the function Visum et Repertum a proof for gener and to fal attourney and to fnd opinion of The trial judge country in the fnish case premeditaded murder in verdict number; 416/Pid.B/2015/PN.Stb. Method of the research is Research Normative Law a prespektif. Resources material of law use for primary legal material and secondary law material. Case approach with study literature was the method used in this research. Based on the results of research conducted by the authors, obtained the result that the evidentiaryefforts made by the Public Prosecutor on the basis of Visum et Repertum in murder case is considered as valid evidence, because Visum et Repertum in written form made by authorized offcials based on his knowledge and signed under oath of offce, thus becoming an authentic deed which automatically becomes a valid evidence and has a value of evidentiary power but must be linked with other evidencesin order to create a material truth. The judge in dropping a verdict has obtained confdence based on at least two valid evidences. The judge also used the Visum et Repertum as a consideration and considered that there was a supportive link between the result of the examination of the Visum et Repertum and the crime committed so that the Judge stated that the Defendant was found guilty of a crime and sentenced to a criminal sentence.Keywords : Visum et Repertum, Proof , Criminal Procedure Law]]>
<![CDATA[Pembuktian Berdasarkan Keterangan Ahli dan Visum Et Repertum pada Perkara Aborsi Menurut Undang-Undang Kesehatan ]]>
<![CDATA[Wischa Intansari]]>;
<![CDATA[Bambang Santoso, S.H., M.Hum]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30062
<![CDATA[ This study aims to determine the suitability of the prosecution to prove the charges based on the testimony of experts and a post mortem cases of abortion with the provisions of article 184 of the Criminal Procedure Code in conjunction with Article 189 paragraph (2) f of Health Law and the suitability of the legal reasoning of judges deciding cases abortion declare the defendant guilty and convict with article 183 in conjunction with article 193 paragraph (1) criminal Procedure Code. The research method used is doctrinal legal research. Source materials used law is the primary legal materials and secondary law, with legal materials analysis techniques using syllogistic method and interpretation by using a pattern of deductive reasoning. In this study, it has been known that prosecution proving in a criminal act of abortion based on the testimony of experts and a post mortem on the condition of the accused and the dead fetus victims where the inspection results made by the competent authority on the basis of his knowledge and signed under oath, so that it becomes an authentic Act automatically become legitimate instrument of evidence and have value of proof strength however must be associated with the other evidence in order to created a truth materially in accordance with Article 133 and Article 184 paragraph (1) letter c of the Criminal Procedure Code and the judge in imposing a decision has been Obtain confdence based on at least two valid evidences, namely expert information, letters and statements of the accused.Keywords: Proof, Expert Description, Judge Consideration]]>
<![CDATA[Upaya Pembuktian Surat Dakwaan Berbentuk Alternatif oleh Penuntut Umum dalam Tindak Pidana Pengrusakan ]]>
<![CDATA[Alfian Anhan Orlando]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30034
<![CDATA[ This study aims to determine the role of the public prosecutor in an attempt to prove his indictment on a criminal case of vandalism related to whether it is in accordance with Article 184 paragraph 1 of the Criminal Procedure Code. The type of research used is normative and prescriptive legal research. The research approach used is qualitative. Sources of legal material of this research in the form of primary legal materials and secondary legal materials. The collection of legal materials used is a technique with literature study or document studies, while the analytical technique used is a syllogistic technique that uses deductive thinking patterns. The evidentiary efforts made by the public prosecutor are correct and are in accordance with article 184 peragraph 1 KUHAP which in the article regulates the valid evidence of witnesses, expert statements, letters, instructions, and statements of the accused. In the case of this trial the prosecutor has succeeded in presenting at least 2 evidences. The evidence presented is the witnesses and statements of the defendant who are accompanied by evidence successfully fled in the hearing. The prosecutor succeeded in proving that all the evidences presented had mutually conformed to each other and also provided information in accordance with the accused article.Keywords: Evidence, Criminal Act of Destruction]]>
<![CDATA[Pertimbangan Mahkamah Agung Memutus Penuntutan Tidak Dapat Diterima (Nebis In Idem) Dalam Perkara Pembunuhan ]]>
<![CDATA[Krisna Vidya Antakusuma]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30066
<![CDATA[ This research aims is to fnd out the reconsideration by defendant on the basis of a failure to apply the judge, judex facti and oversight in deciding cases of murder . This research includes studies of normative prescriptive. The case studied in this study were cases of murder that committed by the convict named Sri Suprihatin and Sri Handoko which occurred in 2013, that can be seen on the Supreme Court Decision Number. 57/PK/PID/2015. Based on the research, this study obtain result that the reconsideration proposed by the defendant with judex facti reason. This is indicated by the principle of nebis in idem has fulflled contained in Article 263 paragraph 2 letter c of KUHAP about prerequirement to propose reconsideration appeal. The decision have shown an oversight of the Judge or a decision of judex factie’s apparent verdict in the murder case, with the result that the Supreme Court’s decision granted the request of reconsideration, and canceled the decision of the District Court Number 719/Pid.B/2013/PN.Smg on the 5th of February 2014, prosecute and declare that the Prosecutor’s claim to the convict Sri Handoko is unacceptable because of nebis in idem.Keywords : Murder, Reconsideration, Nebis In Idem]]>
<![CDATA[Alasan Kasasi Penuntut Umum Terhadap Putusan Lepas dari Segala Tuntutan Hukum Dalam Perkara Bidang Kehutanan ]]>
<![CDATA[Imam Chandra Lukmana]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v7i1.30056
<![CDATA[ Research discussed for the entreaty petition in proposed public prosecutor to prevent district court padangsidimpuan number 63/ Pid.Sus/2014/ PN.Psp On the basis of judex factie any judge in the matter of the felling of trees in the forest production owned by pt toba pulp lestari tbk . With the defendant samsul bahri simatupang and adam harahap in accordance with the provisions of article 253 kuhap. The judge in padangsidimpuan district court stated that the defendant was found guilty of committing the criminal act he was accused of, but the act is not a crime and release the defendant from all lawsuits. The method used is a normative legal research. The approach used in case approach. Sources of legal materials used are primary and secondary legal materials. An appeal to the fling by prosecutors against decisions out of all lawsuits or in forestry is in accordance with the provisions of article 253 kuhap paragraph (1) of KUHAP about examination in the cassation level done by Supreme Court, Because the district court judge padangsidimpuan on the basis of judex factie wrong judge said in its consideration do not judge or applied as proof should be particularly law allows and the right to do the tree legally.Keywords: Cassation, Freelance Decision, Any apply the law.]]>
