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.
Articles
453 Documents
<![CDATA[SANKSI PIDANA ANAK TERHADAP PENYALAHGUNAAN NAPZA DIKAJI DARI LEGAL JUSTICE ]]>
<![CDATA[Rajasa, Alvien Okta]]>;
<![CDATA[Kristiyadi, Kristiyadi]]>
<![CDATA[ Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72654
<![CDATA[Narcotics are drugs used for the medical world for patients who have certain diseases. Of course, with the rules of use according to the instructions of the doctor concerned. However, the problem of drug abuse has become a national and international problem. Narcotics abuse can cause physical, mental, psychological, emotional and attitudinal damage in society. Children who are involved in drugs must get protection both psychologically and legally to avoid psychological disorders that may occur in children and preventive measures of stigmatization of children in conflict with the law and it is hoped that children can return to the social environment in society. The purpose of the research is an objective objective, namely to determine the suitability of the judge's assessment of the evidence in decision number 001/pid.sus-anak/2021/pn skt with the provisions of the Criminal Procedure Code and Law Number 35 of 2009 concerning Narcotics. Meanwhile, the subjective goal is to add, broaden the author's horizons and abilities in studying problems in the field of Criminal Procedure Law. The benefits of research consist of theoretical benefits and practical benefits. The theoretical benefits of the research results can be used to explore the theories that have been obtained by the author in writing legal writing. And the practical benefit is that it can provide benefits and additional knowledge for various parties in need, especially in community groups and in general and parties related to the subject matter. Keywords: Sanctions, Child Crime, Narcotics, Legal Justice]]>
<![CDATA[KEKUATAN ALAT BUKTI TESTIMONIUM DE AUDITU DALAM PEMBUKTIAN PERKARA GUGATAN PERCERAIAN ]]>
<![CDATA[Novitasari, Yeni]]>;
<![CDATA[Harjono, Harjono]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72572
<![CDATA[This article examines the strength of evidence of witness testimony de auditu in the case of a divorce lawsuit in Decision Number 110/Pdt.G/2020/PN Skt and Decision Number 82/Pdt.G/2021/PN Bln. The purpose of this article is to find out the strength of evidence of De Auditu's Testimonium Witness in the divorce lawsuit case in that Decision. Based on this research, the panel of judges based on the Jurisprudence of the Supreme Court Decision number 308 K/Pdt/1959 that testimony de auditu couldn’t be used as direct evidence but could be used as evidence of presumption (vermoeden), and as a basis for proving something. In addition, the Supreme Court in decision number 239 K/Sip/1973 justified de auditu testimony except as evidence that meets the material requirements if the witness gives testimony under oath, the statement is accepted as independent evidence reaching the minimum limit of proof without other evidence if the de auditu witness consists of several people. Although it is free proof, in this case the testimony of the witness is important so that the strength of evidence is decisive evidence because de auditu witnesses played a major role in the granting of the Plaintiff's claim. Keywords: Divorce; Evidence; Testimonium de Auditu]]>
<![CDATA[MENILIK PENERAPAN KEADILAN RESTORATIF DALAM MUKA PERSIDANGAN DI INDONESIA ]]>
<![CDATA[Jannah, Deva Izzatul]]>;
<![CDATA[Setyawan, Vincentius Patria]]>
<![CDATA[ Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.73016
<![CDATA[This article analyzes the application of restorative justice before the trial based on the study of decision number 63/Pid. B/2021/PN Skm. The purpose of this article is to find out the basic considerations of judges in deciding cases with the application of retorative justice as an alternative solution to crime based on the study of decision number 63/Pid. B/2021/PN Skm. This article is a normative legal research with a prescriptive nature and uses primary legal materials and secondary legal materials. The technique for collecting legal materials is to use a literature study with a case approach. The analysis technique used is the syllogism method using a deductive mindset. The results of the study show that restorative justice has been implemented during the trial examination. The Suka Makmue district court judge’s decision has an element of legal certainty by implementing and adhering to legal values and a sense of justice that lives in society. The judge's decision also reflects a sense of justice and expediency, it is said that because all parties involved, both the accused, the victim, and the community can feel a sense of peace as in the same as condition before which is like the principle emphasized by restorative justice, by prioritizing the recovery of victims, the accused and the public.Keywords : Basic Considerations of the Judges; Restorative Justice; The crime of presecution]]>
<![CDATA[PERTIMBANGAN HUKUM PENGURANGAN PIDANA PENJARA DIBAWAH MINIMUM KHUSUS (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2223 K/PID.SUS/2022) ]]>
<![CDATA[Salwa, Dhea Amanda]]>;
<![CDATA[Setiawan, Vincentius Patria]]>
<![CDATA[ Verstek Vol 11, No 2 (2023): APRIL-JUNI ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.72057
<![CDATA[This article examines the legal considerations of judex juris towards reducing the prison term below the minimum number of narcotics crime cases contained in the Supreme Court Judgement Number 2223 K/Pid.Sus/2022. The purpose of this article is to find out the legal considerations of judex juris that improve the judex factie judgement with a reduction in the prison term in the Supreme Court Judgement No. 2223 K/Pid.Sus/2022. This research is a normative legal research with primary and secondary legal materials. Then the approach used is a case approach which is carried out by reviewing cases related to the issue at hand which has become a court decision that has permanent power. The technique of collecting legal materials using library research and the technique of analyzing legal materials is deduction with the syllogism method. Based on this research, the results were obtained that in the legal considerations of judex juris that correct the judex factie decision with a reduction in the prison period in the Supreme Court Judgement Number 2223 K / Pid.Sus / 2022 which uses SEMA Number 4 of 2010 juncto SEMA Number 3 of 2011 as the basis for the judge's consideration in passing the judgment is in accordance with the applicable legal rules.Keywords: Judex Juris judgement Improvement, Reduction of Criminal Period, Narcotics Crime.]]>
<![CDATA[PELAKSANAAN EKSEKUSI DENDA TILANG OLEH KEJAKSAAN NEGERI SURAKARTA ]]>
<![CDATA[Damayanti, Viona]]>;
<![CDATA[Setyawan, Vincentius Patria]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72606
<![CDATA[The Trial Process at the Surakarta District Court and the Execution of Fines for Traffic Violations by the Surakarta District Attorney can be described as follows: to receive payment of ticket fines by the convict who has obtained a decision from the District Court Judge where the trial of this traffic violation case is taking place. The Public Prosecutor was not present directly in the trial process because in principle the trial of this traffic violation case was a minor crime case and the proceedings were fast, and was only attended by a single judge, clerk/substitution clerk and the accused. After the convict receives a verdict from the court judge, he then pays a ticket fine and court costs in accordance with the judge's decision. For the special treasurer of the recipient/depositor, after receiving the Minutes of Submission of Fines and Case Fees and also containing an Order for Submission of Fines/Replacement Fines/and an amount of money for fines and case fees for traffic violations, this then deposits it in the designated state treasury, namely the Office of PT. POS INDONESIA Branch Surakarta or Bank BRI. Furthermore, the special treasurer who receives money for traffic violations and case fees for traffic violations makes a report in the form of a Non-Tax Deposit Letter (SSBP) as proof that the handling of traffic violation cases and all fine money for fines and case fees have been deposited to the state treasury.Keyword: Execution, Fines, Traffic Violations]]>
<![CDATA[KAJIAN PENGGUNAAN PERLUASAN MAKNA KETERANGAN SAKSI PADA PERKARA PENGUASAAN NARKOTIKA DENGAN TERSANGKA MRP BIN P ]]>
<![CDATA[Wijanoko, Tri Wahyu]]>;
<![CDATA[Aldyan, Arsyad]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72431
<![CDATA[This research aims to investigate the use of Constitutional Court Decision Number 65/PUU-VIII/2010 as a legal basis for expanding the meaning of witness testimony in order to convict MRP Bin P, and to understand the reasons why expanding the meaning of witness testimony is necessary in this case. The research method used is doctrinal or normative legal research with a case study approach, and primary and secondary legal sources are collected through literature review techniques. The results of the study show that the lack of evidence in this case makes it difficult for investigators to prove the perpetrator's actions, and expanding the meaning of witness testimony is necessary to overcome this problem. Constitutional Court Decision Number 64/PUU-VIII/2010 provides an opportunity for arresting witnesses to prove the perpetrator's actions of possessing narcotics.Keywords: Narcotics; expansion of meaning; witness statement.]]>
<![CDATA[PEMBUKTIAN YANG DILAKUKAN PENUNTUT UMUM DALAM TINDAK PIDANA PERSETUBUHAN DENGAN ANAK ]]>
<![CDATA[Christya, Giovanny Andreana]]>;
<![CDATA[Rustamaji, Muhammad]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72261
<![CDATA[This study aims to analyze whether the evidence by the public prosecutor in the criminal case of sexual intercourse with a child based on Decision Number 37/Pid.Sus/2022/Pn.Krg is in accordance with Article 184 of the Criminal Procedure Code. This research is included in normative or doctrinal legal research that is prescriptive and applied. This study uses a case approach. In order to collect legal materials in this study, literature study techniques were used by collecting written information from legal materials, which consisted of primary legal materials and secondary legal materials. After obtaining the legal material, an analysis is carried out using the deductive syllogism method. The results of this study indicate that the evidence carried out by the public prosecutor is in accordance with Article 184 of the Criminal Procedure Code because it has submitted valid evidence according to law, namely witness statements, letters, statements of the defendant accompanied by supporting evidence to prove that the defendant is guilty of committing the crime of sexual intercourse with a child . This study aims to analyze whether the evidence by the public prosecutor in the criminal case of sexual intercourse with a child based on Decision Number 37/Pid.Sus/2022/Pn.Krg is in accordance with Article 184 of the Criminal Procedure Code. This research is included in normative or doctrinal legal research that is prescriptive and applied. This study uses a case approach. In order to collect legal materials in this study, literature study techniques were used by collecting written information from legal materials, which consisted of primary legal materials and secondary legal materials. After obtaining the legal material, an analysis is carried out using the deductive syllogism method. The results of this study indicate that the evidence carried out by the public prosecutor is in accordance with Article 184 of the Criminal Procedure Code because it has submitted valid evidence according to law, namely witness statements, letters, statements of the defendant accompanied by supporting evidence to prove that the defendant is guilty of committing the crime of sexual intercourse with a child.Keywords: evidence, child intercourse]]>
<![CDATA[ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG ]]>
<![CDATA[Prameswari, Ajeng Trisna]]>;
<![CDATA[Kristiyadi, Kristiyadi]]>
<![CDATA[ Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72715
<![CDATA[This research is to determine the suitability of the judge's considerations with Law no. 31 of 1999 Jo Law no. 20 of 2001 concerning the Eradication of Corruption Crimes for not fulfilling the element of self-enrichment in Decision Number 18/Pid.Sus-TPK/2022/PN SMG. This research uses normative legal research methods that are applied. This study uses a case approach or case approach. The types of legal material used include primary and secondary legal source materials, while the technique of collecting legal materials in analyzing decisions uses literature study techniques and research methods use syllogistic methods. The results of the research and discussion show that the judge's considerations are not in accordance with the provisions of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crime because the judge gives the consideration that the element of enriching oneself is not fulfilled due to the small nominal, the Judge decides with a lighter decision than a lawsuit. Meanwhile, the Defendant was proven to have increased his wealth with the proceeds of corruption so that this did not comply with the provisions of the Law on the Eradication of Criminal Acts of Corruption.Keyword: Enrich Yourself; Judge's Consideration; Corruption Crime]]>
<![CDATA[PERTIMBANGAN HUKUM HAKIM (RATIO DECIDENDI) TERHADAP PENJATUHAN PIDANA ANAK PELAKU PENCABULAN ]]>
<![CDATA[Pratama, Nasrul Alief]]>;
<![CDATA[Santoso, Bambang]]>
<![CDATA[ Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72649
<![CDATA[This article aims to determine the provisions of criminal acts of children as perpetrators of sexual harrasment based on Law Number 11 of 2012 concerning the Child Criminal Justice System in the study of decision Number 16/Pid.Sus-Anak/2020/PN Wng. The method used in this research is perspective and applied normative legal research, namely research using primary legal materials and secondary legal materials. The approach used by the author in this research is a case approach. Based on the results of the author's research, the Judge's consideration in imposing punishment on children in the process of obscenity cases in Decision Number 16/Pid.Sus-Anak/2020/PN Wng is in accordance with Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection and Law No. 11 of 2012 concerning the Child Criminal Justice System, namely in the form of imprisonment for 8 (eight) months and work training for 3 (three) months at Wonogiri Detention Center. Diversion cannot be applied in the crime of sexual harrasment with child perpetrators in accordance with Article 7 paragraph (2) of the SPPA Law which states that diversion can be applied to children who commit criminal offenses with a criminal penalty of under 7 (seven) years and not repetition of criminal acts. Keywords: Child; Child Sexual Harassment; Judge's Consideration]]>
<![CDATA[RATIO DECIDENDI DALAM PUTUSAN REHABILITASI MEDIS TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA BAGI DIRI SENDIRI ]]>
<![CDATA[Saputra, Gilang Rahadian]]>;
<![CDATA[Septiningsih, Ismawati]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72439
<![CDATA[This article aims to analyze the judge's considerations in passing a decision on rehabilitation for perpetrators of Narcotics Abuse for Self Group I not plants, as well as the legal instruments that regulate it. This type of legal research is normative legal research. Based on the research it was found that to determine whether abusers can be rehabilitated or not is based on the characteristics and conditions of the perpetrators, in addition to determining the classification of abusers who can be rehabilitated judges need to pay attention to the Circular of the Supreme Court (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics addicts into Medical and Social Rehabilitation Institutions.Keywords: Narcotics Abuser; Medical Rehabilitation; Social Rehabilitation]]>
