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[KEKUATAN PEMBUKTIAN SAKSI MAHKOTA SEBAGAI ALAT BUKTI DALAM PEMBUKTIAN TINDAK PIDANA PENCURIAN DENGAN PEMBERATAN ]]>
<![CDATA[Kharisma Shalsabilla Putri Nofa]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.73022
<![CDATA[This article analyses the strength of the crown witness evidence in proving qualified theft crime in Verdict Number 342/Pid.B/2021/PN Sbr. The purpose of this article is to determine the strength of evidence of the crown witness in proving qualified theft crime. This research is normative legal research which is perspective and applied. This legal research uses a case approach. Types of legal materials used are primary and secondary legal materials. The technique of collecting legal materials used is library research. The analysis technique used is the deductive method. Based on the research results, it can be understood that the strength of evidence of the crown witness in proving qualified theft crime in Verdict Number 342/Pid.B/2021/PN Sbr is valid and accountable because it has fulfilled the requirements as evidence. As for the strength of evidence, it is independent and depends on the judge's judgment.Keywords: Strength of Evidence; Protection of the Defendant's Human Rights; Crown Witness.]]>
<![CDATA[ANALISIS PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA PENCEMARAN NAMA BAIK MELALUI FACEBOOK ]]>
<![CDATA[Iftita Zahra Anggraeni]]>;
<![CDATA[Harjono Harjono]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.73336
<![CDATA[This article was written with the aim of knowing the judge's considerations in deciding a defamation case via Facebook based on Decision Number: 303/Pid.Sus/PN Tbt. The method used in this research is normative or docryal which is prescriptive and applied with a case approach. Techniques for collecting primary and secondary legal materials are obtained from document studies or literature. 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 is known that the judge's considerations in deciding the criminal act of defamation through Facebook are in accordance with the elements in Article 45 paragraph (3) Jo. Article 27 paragraph (3) Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. The judge in deciding the case has used at least 2 (two) valid pieces of evidence in accordance with Article 184 of the Criminal Procedure Code, namely witness statements, expert statements, and defendant statements.Keywords: Judge's consideration; Defamation; Evidence]]>
<![CDATA[PROBLEMATIKA PELAKSANAAN PEMBERIAN BANTUAN HUKUM PADA TINGKAT PENYIDIKAN ]]>
<![CDATA[Danadyaksa Putra]]>;
<![CDATA[Nafi’uddin Fauzi Mahfudh]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.73108
<![CDATA[This study aims to find out the the arrangement of the rights of suspects to receive legal aid in Indonesian positive law. In addition, it is also to find out the problems in the implementation of the provision of legal aid at the investigative level. The method used in this research is normative legal research which is prescriptive and applied. The approach that the author uses in this study is statute approach and conseptual approach. The types and sources of legal materials used are primary and secondary legal materials by means of literature/document studies. The law material analysis technique uses the syllogism method using a deductive mindset. Based on the results of the study, it was found that in principle the arrangements regarding the rights of suspects to receive legal aid at the investigation level have been regulated in such a way in various laws and regulations of the Republic of Indonesia. However, legal aid arrangements that have been arranged in such a way do not mean there are no problems in their implementation. The provision of legal aid at the investigation level, where the main arrangement is based on the provisions of Article 56 of the Criminal Procedure Code, there are still various problems in its implementation. The problem can be seen from the legal system, legal structure, and legal culture of the implementation of the provision of legal aid at this level of investigation.Keywords: Legal Aid; Investigation; Suspect]]>
<![CDATA[PELAKSANAAN PENERAPAN RESTORATIVE JUSTICE PADA TAHAP PENUNTUTAN DALAM PERKARA PENGANIAYAAN DI KEJAKSAAN NEGERI SURAKARTA ]]>
<![CDATA[Muhammad Daffa Athadia]]>;
<![CDATA[Vincentius Patria Setiawan]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.73076
<![CDATA[This article was written to determine the implementation of the application of restorative justice in solving persecution cases at the prosecution stage. This research is in the form of normative or doctrinal legal research with a case approach, which is prescriptive and applied. The technique of collecting legal materials used in this study is document studies or literature studies obtained from primary and secondary legal materials. The analytical technique used in this study is the deduction syllogism method, which is drawing conclusions using syllogistic logic for legal reasoning derived from legal rules and facts. Based on this research, it was found that there was a compatibility between the termination of prosecution carried out by the Public Prosecutor and Prosecutor's Regulation no. 15 of 2020 concerning the termination of prosecution based on restorative justice. In this case, the suspect NOVYAN PUTRANTO Alias NOVYAN Bin EDY KUSNANTO committed a crime for the first time. The criminal act of persecution committed by the suspect is regulated in article 351 of the Criminal Code with criminal threats regulated in article 1. This case can also be stopped from prosecution based on Article 3 Paragraph 1 of Prosecutor's Regulation no 15 of 2020. The implementation of restorative justice must refer to applicable regulations and the role of the victim who determines the success of the implementation of restorative justice. Keywords: Restorative Justice; Prosecution; Persecution; Application]]>
<![CDATA[NILAI DAN KEKUATAN PEMBUKTIAN KETERANGAN SAKSI TESTIMONIUM DE AUDITU ]]>
<![CDATA[Tarigan, Daniel Milano]]>;
<![CDATA[Rustamaji, Muhammad]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.73452
<![CDATA[There has been a lot of research on obscenity, but the discussion on the use of testimonium de auditu in obscenity cases is of interest to the author. This thesis aims to examine the value and strength of the evidence of the testimonium de auditu and the testimony suitability of witnesses from the testimony of de auditu in cases of sexual abuse of children under the provisions of criminal procedural law. The type of this research is normative legal research which is prescriptive and applied. This legal research uses a case approach. The legal materials used on this research consist of primary and secondary legal materials. The collection of legal material used in this research use library research. The legal material analysis technique used in this law research is the syllogism method with deductive thinking patterns. Based on the results of the research and discussion, it can be concluded that the value and strength of evidence in criminal procedural law are all of free value to the judge, as well as the testimony of the testimonium de auditu. Keywords: Testimonium De Auditu; Value and strength of evidence; Witness testimony]]>
<![CDATA[KESALAHAN PENERAPAN HUKUM SEBAGAI ALASAN KASASI TINDAK PIDANA TURUT SERTA MEMALSUKAN SURAT SECARA BERLANJUT ]]>
<![CDATA[Raflyansyah, Arief Agha]]>;
<![CDATA[Septiningsih, Ismawati]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.73134
<![CDATA[This legal research aims to find out the misapplication of the law by the District Court Judge as the reason for the Public Prosecutor's cassation against the acquittal in the criminal case of participating in forging letters related to the provisions of Article 253 paragraph (1) of the Criminal Procedure Code and the suitability of the Supreme Court's consideration in examining and deciding the Public Prosecutor's cassation in Supreme Court Decision Number 1086 K/Pid/2022. This legal research is a prescriptive and applied normative legal research with a case study approach. The source of legal material for this research comes from primary legal materials and secondary legal materials. The legal material collection technique used is document study or literature study. The technique of analyzing legal materials in this study uses the syllogism method with deductive thinking patterns. The results of the research and discussion obtained are that the Public Prosecutor can prove the suitability of the reasons for cassation submitted by him with the reasons for cassation contained in Article 253 paragraph (1) of the Criminal Procedure Code, namely in terms of whether it is true that a legal rule is not applied or applied improperly. Therefore, the Supreme Court granted the cassation of the Public Prosecutor and found the defendant guilty of committing the crime charged, then imposed a prison sentence of 6 (six) month.Keywords: Cassation, Mail Forgery, Acquittal Decision.]]>
<![CDATA[TINJAUAN PUTUSAN DI LUAR SURAT DAKWAAN TERHADAP PERKARA TINDAK PIDANA NARKOTIKA DAN PENGABAIAN SEMA NOMOR 1 TAHUN 2017 ]]>
<![CDATA[Prasetya, Yuan Angger]]>;
<![CDATA[Aldyan, Arsyad]]>
<![CDATA[ Verstek Vol 11, No 3 (2023): JULI-SEPTEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i3.59752
<![CDATA[This research aims to find out the reasons for the judge’s decision outside the indictment against a narcotics crime case associated with the theories in the Criminal Procedure Code and also SEMA Nomor 1 Tahun 2017. This research was conducted using doctrinal or normative legal research methods that are perspective or applied by using primary and secondary legal sources which are certainly related to the topic. The collection of legal materials by means of a literature study and using a statutory approach and a conceptual approach with a deductive syllogism so that it can be found whether the judge can decide on a case of narcotics crime outside the indictment. Keywords: indictment, judge decision, narcotics crime case.]]>
<![CDATA[RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PENYELESAIAN PERKARA PIDANA ]]>
<![CDATA[Tambun, Joel Christofel Hinsa]]>;
<![CDATA[Rustamaji, Muhammad]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i4.75165
<![CDATA[This study aims to find out how restorative justice as an alternative dispute resolution in Indonesia and the benefits obtained when compared to conventional criminal justice processes. 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 paper is the syllogism method with deductive thinking patterns. Based on the results of research and discussion it can be seen that the settlement with restorative justice as an alternative settlement of criminal cases focuses on restoring the original conditions between victims, perpetrators and society. Besides that, restorative justice settlement is the answer to the accumulation of files in court.Keywords: alternative dispute resolution; crimes; restorative justice]]>
<![CDATA[TELAAH VISUM ET REPERTUM SEBAGAI FAKTOR PENENTU DALAM PEMBUKTIAN PADA PUTUSAN NOMOR 208/PID.B/2022/PN BDG ]]>
<![CDATA[Dimas Bagus Anggoro Bangun]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i4.78474
<![CDATA[This study aims to determine how the Magistrate Judges' legal considerations are based on Visum et Repertum and how Visum et Repertum is a determining factor in proving theft charges with violence resulting in death in death Decision Number 208/Pid.B/2022/PN.Bdg. This is normative legal research that is prescriptive and applied to case studies. The technique of collecting primary and secondary legal materials used for this research is a documental study and literature materials. Regarding the results of the research and discussion, it can be seen that the considerations of the Magistrate Judges in Decision Number 208/Pid.B/2022/PN.Bdg have included juridical and non-juridical aspects. Magistrate Judges require the opinion of a doctor as outlined in the Visum et Repertum, bearing in mind that the judge as a case breaker is not equipped with knowledge related to forensic medicine, so he must pay attention to Visum et Repertum as one piece of evidence that is adapted to other evidence. In addition, Visum et Repertum is a determining factor in proving the indictment of Decision 208/Pid.B/2022/PN.Bdg because it has strength in evidence, namely through matching Visum et Repertum with witness statements, which results are used as conclusions for judges who can be used as a consideration in determining whether a crime has occurred or not and determining the guilt of the defendant at trial.]]>
<![CDATA[ANALISIS PERTIMBANGAN DIKABULKANNYA PENINJAUAN KEMBALI PADA PERKARA KORUPSI (STUDI PUTUSAN NOMOR: 237/PK/PID.SUS/2020) ]]>
<![CDATA[Muhammad Faza Alfalah]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v11i4.74042
<![CDATA[Abstract: This study examines the judges' considerations in the Supreme Court Decision Number 237 PK/Pid.Sus/2020 where in the decision the supreme judge is of the opinion that the request for judicial review on behalf of Fahmi Darmawansyah can be accepted so that, in his decision the supreme judge imposes a sentence with reduced circumstances verdict previously handed down by a court of first instance. This research is a normative legal research that is prespective and applied with case studies. The technique of collecting primary and secondary legal materials used in this research is by studying laws, documents, and library materials. The results of this study show that the Supreme Court Decision Number 237/Pid.Sus/PK/2020 granted the Return Application on behalf of the applicant Fahmi Darmawansyah. The author is of the opinion that the legal considerations of the judges in the Supreme Court Decision Number 237/PK/Pid.Sus/2020, which states that giving a sum of money and goods to the Sukamiskin Headquarters is considered a form of generosity is inappropriate, because the concept of generosity should not be in accordance with the actions that have been committed. conducted by Fahmi Darmawansyah. So it is not appropriate for the judge to grant the convict's request. Moreover, the defendant had previously committed a repeat of a similar crime.Keywords: Judge's Consideration, Criminal Corruption, Bribery, Judicial Review]]>
