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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 666 Documents
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TELAAH PEMBELAAN TERPAKSA (NOODWEER) DALAM PERKARA TINDAK PIDANA PENGANIAYAAN Halimah Annisaa; Bambang Santoso
Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72912

Abstract

This article analyzes the field of Criminal Procedure Law related to acquittal in cases of criminal persecution at the Banyuwangi District Court. primary and secondary. The purpose of this article is to find out how judges consider deciding persecution cases that are decided loosely because they contain elements of forced defense (Noodweer). The research method used is doctrinal or normative legal research. This research is prescriptive and applied. Collection of legal materials with literature studies and legal materials used are primary and secondary legal materials. Based on the results of the study, it can be concluded that the Panel of Judges was right in deciding the case in decision Number: 462 / Pid.B / 2020 / Pn Byw which handed down a release verdict. The panel of judges held that the persecution committed by the accused was due to a forced defense (Noodweer) so that it could not be convicted, therefore the defendant must be released from all charges as stipulated in Article 191 paragraph (2) of the Code of Criminal Procedure.Keywords: Noodweer; Persecution; Justifying Reasons
KEKUATAN PEMBUKTIAN AKTA BAWAH TANGAN YANG DITOLAK OLEH TERGUGAT DALAM PEMERIKSAAN PERKARA PERDATA Tasya Sahita; Harjono Harjono
Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72699

Abstract

This research aims to analyze and find out the strength of evidence of private deed evidence which was rejected by other parties or in this case the Defendant and the Judge's considerations in deciding cases and assessing the evidence of private deed in the South Jakarta District Court Verdict Number 54/Pdt.G/2016/Pn. Jkt. Sel. This research is a normative or doctrinal legal research with the nature of prescriptive and applied research. The approach used in this study is a case study approach with primary legal materials and secondary legal materials. The legal material collection technique used is library research. The legal material analysis technique used is the syllogistic method with a deductive mindset, which is based on the major premise and minor premise, which then draw conclusions. Based on this research, it was found that private deed which was rejected by the Defendant has decreased the strength of proof and the burden of proof is free depending on how the judge evaluates in the trial. The Judge's considerations in assessing the evidence of private deed in Verdict Number 54/Pdt.G/2016/Pn.Jkt. Sel have not met the principles of legal certainty, a sense of justice and benefits for the parties.Keywords: Proof, Private Deed, Verdict
KAJIAN PENGGUNAAN PERLUASAN MAKNA KETERANGAN SAKSI PADA PERKARA PENGUASAAN NARKOTIKA DENGAN TERSANGKA MRP BIN P Tri Wahyu Wijanoko; Arsyad Aldyan
Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72431

Abstract

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.
PEMBUKTIAN YANG DILAKUKAN PENUNTUT UMUM DALAM TINDAK PIDANA PERSETUBUHAN DENGAN ANAK Giovanny Andreana Christya; Muhammad Rustamaji
Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72261

Abstract

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
ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG Ajeng Trisna Prameswari; Kristiyadi Kristiyadi
Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72715

Abstract

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
PERTIMBANGAN HUKUM HAKIM (RATIO DECIDENDI) TERHADAP PENJATUHAN PIDANA ANAK PELAKU PENCABULAN Nasrul Alief Pratama; Bambang Santoso
Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72649

Abstract

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
RATIO DECIDENDI DALAM PUTUSAN REHABILITASI MEDIS TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA BAGI DIRI SENDIRI Gilang Rahadian Saputra; Ismawati Septiningsih
Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72439

Abstract

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
PELAKSANAAN PENETAPAN STATUS PENGGUNAAN TERHADAP BARANG RAMPASAN NEGARA DI KEJAKSAAN NEGERI SURAKARTA Isna Nuraini; Kristiyadi Kristiyadi
Verstek Vol 9, No 4 (2021): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v9i4.72293

Abstract

This article aims to find out how the Implementation of Determination of Use Status at the surakarta District Attorney's Office in Decision Number 191/Pid.B/2000/PN.Ska is based on applicable laws and regulations. The method used in this research is normative legal research which is prescriptive and applied. Sources of legal research consist of primary legal materials and secondary legal materials. Based on this research, it was found that the implementation of the Determination of Use Status at the Surakarta District Attorney was carried out with the stages of application by the Surakarta District Attorney, research by the Minister of Finance, and a decision to determine the status of use by the Minister of Finance and the High Court. This is in accordance with Law Number 1 of 2004 concerning the State Treasury, Government Regulation Number 28 of 2020 concerning Management of State/Regional Property, PMK No. 145/PMK.06/2021 concerning Management of State Property Derived from State Confiscated Goods and Goods of Gratification and Prosecutor's Regulation No. 7 of 2020 concerning Guidelines for Asset Recovery.Keywords: Determination of Use Status, Evidence, Attorney
PERTIMBANGAN HAKIM TERHADAP HAL YANG MEMBERATKAN PADA TINDAK PIDANA PENGANIAYAAN YANG MENGAKIBATKAN LUKA BERAT Simamora Manalu, Marco Yoel; Aldyan, Arsyad
Verstek Vol 10, No 4 (2022): OKTOBER-DESEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v10i4.72820

Abstract

In an era such today, crimes have increased. Crimes happened as the result of imbalance between human rights and their responsibility as a part of humanity. The damages cause by crimes that'd done by people can be whether its material or immaterial. One of the most famous form of crime that's quite known by people is a crime that involves human bodies. One of the example for that would be persecution. This study's aim in the writing is to analyze the judge's legal considerations in imposing a sentence of imprisonment of 8 (eight) months. The type of research used is normative legal research which is prescriptive and applied. This legal research approach uses a case approach. The legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is library research. The legal material analysis technique used in writing this law is the syllogism method with deductive thinking patterns. Based on the results of the research and discussion, it was concluded that the judge in making a decision complied with the Criminal Procedure Code in considering the juridical and non[1]juridical aspects of the offender.Keyowrds: Aggravating Circumstances ; Judge's Consideration ; Persecution Crime
PENJATUHAN PIDANA PENJARA TERHADAP TERDAKWA ANAK DALAM PERKARA PENCABULAN (STUDI PUTUSAN NOMOR 6/PID.SUS-ANAK/2022/PN WNG) Saputri, Anisa Septiana; Santoso, Bambang
Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i3.72236

Abstract

This study aims to determine the appropriateness of the judge's considerations in imposing prison sentences on child defendants in cases of obscenity in the Wonogiri District Court Decision Number 6/Pid.Sus-Anak/2022/PN Wng with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research methodology uses normative legal research and a case approach technique, as well as library research legal material collection techniques to obtain laws related to the problem under study. The results of this study are that imprisonment can only be imposed on children for a maximum of 1/2 (one half) of the sentence for adults. In addition, the provisions of Article 82 Paragraph (4) of Law Number 17 of 2016 concerning Child Protection with an additional sentence of 1/3 (one third) of the criminal threat cannot be applied. To children, even though the child's actions have been proven to fulfill the elements of the paragraph, the additional punishment is excluded for child offenders.Keywords: Child; Obscenity; Prison; Judge's Decision

Page 44 of 67 | Total Record : 666

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