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
666 Documents
<![CDATA[PEMENUHAN HAK-HAK ANAK YANG BERHADAPAN DENGAN HUKUM PADA KASUS RESIDIVIS KLITIH ]]>
<![CDATA[Dominica Shinta]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72650
<![CDATA[As individuals who are immature both physically and mentally, children are vulnerable human beings. A child has not been able to protect himself because he is not yet considered capable of being held accountable for his actions, considering that he is immature and still growing. The aim of this research is to examine the fulfillment of the rights of children who are in conflict with the law in the case of recidivist klitih in Decision Number 02/Pid.Sus-Anak/2022/PN Yyk. Children as perpetrators of crime must receive special protection and protection in accordance with the law, especially in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The results of the research study show that even though the perpetrators of criminal acts in the decision are minors who commit repeated crimes (recidivist), their rights as children who are in conflict with the law must fulfill their rights. This research is intended to provide arguments and serve as a reminder for law enforcers to fulfill the rights of children who are in conflict with the law. Keywords: Children, Children's Rights, Recidivist.]]>
<![CDATA[TELAAH PERTIMBANGAN HAKIM DALAM PUTUSAN BEBAS TERDAKWA TINDAK PIDANA PENIPUAN (STUDI PUTUSAN NOMOR 799/PID.B/2021/PN JAMBI) ]]>
<![CDATA[Muhammad Dedy]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72440
<![CDATA[This article aims to examine and find out the suitability of the considerations of the judge who handed down an acquittal in a fraud crime case with article 183 in conjunction with article 191 paragraph (1) of the Criminal Procedure Code. This article uses normative or doctrinal legal methods that are prescriptive and applied. The approach used in this article is a case approach. The use of legal materials includes primary legal materials and secondary legal materials. The technique of collecting legal materials uses library research by collecting legal materials related to the problem to be studied. The law material analysis technique used is the syllogism method which uses a deductive mindset. Based on the results of the research and discussion, it shows that in Decision Number 799/Pid.B/2021/PN Jambi, the considerations of judges who handed down acquittals in cases of fraud were in accordance with Article 183 in conjunction with Article 191 paragraph (1) of the Criminal Procedure Code. This is because the Prosecutor's evidence is still very minimal through the evidence of witnesses and letters to find material truth in this case. In addition, based on the results of the examination at trial the Judge was of the opinion that the second and third elements of Article 378 of the Criminal Code in the Public Prosecutor's indictment were not legally fulfilled so that the Judge handed down an acquittal against the Defendant.Keyword: Judge's Consideration; Evidence; Acquittal Verdict; Fraud]]>
<![CDATA[KESESUAIAN PERTIMBANGAN HAKIM BANDING DALAM MEMUTUS PERKARA TINDAK PIDANA PENIPUAN DENGAN PASAL 241 KUHAP ]]>
<![CDATA[Sari, Neiska Aulia Marcela]]>;
<![CDATA[Kurniawan, Itok Dwi]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72296
<![CDATA[This research examines the problem whether the considerations of the panel of appellate judges that giving verdict of upheld the previous court’s decision to the defendant in case number : 237/Pid/2022/PT SMG in accordance with article 241 of The Criminal Procedure Code. Based on the result of the research and discussion it was concluded that the considerations of the panel of judges of appeal who examined and decided on the case in case number : 237/Pid/2022/PT SMG were accordance with article 241 of the Criminal Procedure Code. The judges stated that they strengthened the Klaten District Court Verdict Number : 41/Pid.B/2022/PN Kln which stated that the defendant Eko Prayitno bin Nyamin had been legally and convincingly proven guilty of commiting an act of fraud joinly.Keywords: Considerations of The Panel of Judges of Appeal, Criminal Acts of Fraud, Judge’s Decision]]>
<![CDATA[PEMBATALAN PUTUSAN BEBAS AKIBAT PENGABAIAN VISUM ET REPERTUM (STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 992KPID2020) ]]>
<![CDATA[Twenthina, Ditria Fridyaswari]]>;
<![CDATA[Kurniawan, Itok Dwi]]>
<![CDATA[ Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72840
<![CDATA[This article aims to determine the suitability of the Supreme Court's considerations in canceling the acquittal by Judex Factie in the rape case against Article 253 paragraph (1) of the Criminal Procedure Code. The type of legal research in this article is normative legal research with a case approach. The technique used in collecting legal materials in this research is literature study. This study uses an analytical technique with the nature of deduction using the syllogistic method, which begins with proposing a major premise, followed by proposing a minor premise in the form of legal facts and conclusions will be drawn from these two premises. Based on this research, it was found that the Judex Factie judge at the Oelamasi District Court was proven not to have applied a rule of law or a rule of law was not applied as it should. So that the consideration of the Supreme Court in canceling the acquittal by Judex Factie in the rape case was correct and in accordance with Article 253 paragraph (1) of the Criminal Procedure Code.Keywords: Supreme Court; Consideration; Visum et Repertum]]>
<![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[Deva Izzatul Jannah]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![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[Dhea Amanda Salwa]]>;
<![CDATA[Vincentius Patria Setiawan]]>
<![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[Viona Damayanti]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![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[PEMENUHAN HAK RESTITUSI TERHADAP ANAK KORBAN TINDAK PIDANA EKSPLOITASI EKONOMI DAN SEKSUAL ]]>
<![CDATA[Wahyu Rida Setyani]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72429
<![CDATA[This article analyzes the fulfillment of the right of restitution for child victims who are victims of criminal acts of economic and sexual exploitation. The purpose of this article is to find out the fulfillment of the right of restitution for victims of the crime of economic and sexual exploitation of children based on the study of decision number: 331/Pid.Sus/2021/PN Yyk. This article is a normative legal research with a prescriptive nature and uses primary 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 syllogistic method using a deductive mindset. The results of the research show that the victim's child gets the fulfillment of the right of restitution in the amount of IDR 81,650,000.-. The Yogykarta District Court judge's decision has an element of legal certainty, because the charges that have been put forward before the trial are proven legally and convincingly for the judge in making his decision. The judge's decision also reflects a sense of justice, it is said that because of the impact it has on the victim, namely the victim has to pay for medical treatment and the psychological impact has been balanced by a criminal decision that has stipulated the granting of restitution to the victim's child.Keyword: Exploitation; Restitution; Victim]]>
