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[TINJAUAN PENERAPAN E-COURT DI PENGADILAN NEGERI YOGYAKARTA BERDASARKAN TEORI HUKUM LAWRENCE M. FRIEDMAN ]]>
<![CDATA[Muhammad Rafif]]>;
<![CDATA[Zakki Adlhiyati]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.76143
<![CDATA[This article analyzes the application of e-Court in civil proceedings in the Yogyakarta State Court of Class IA. The purpose of this article is to learn more deeply how the Yogyakarta State Court of Class IA uses e-Court in civil proceedings. The results of the analysis proved that the legal structure of the Yogyakarta Court has been well implemented, with legal jurisdiction over 14 districts located in Yogyakarta City, the capital of Yogyakarta Province. The legal substance of the Yogyakarta Court has been well developed, based on the updated Rules of the Supreme Court No. 2022 by the Supreme Court. 1 In 2019 on the Electronic Administration of Cases and Trials in Courts, the regulation indicates that the regulations have already supplemented what is the shortcomings of this e-court system. Legal culture in Yogyakarta State Court has also been well implemented, marked by the presence of supporting applications such as SIPP that serve to provide information related to administrative matters.Keywords: Civil Law; Civil Procedure; E-Court; District Court]]>
<![CDATA[PERTIMBANGAN HUKUM HAKIM DALAM MENERAPKAN PASAL 2 UU TIPIKOR (STUDI PUTUSAN NOMOR77/PID.SUS-TPK/2018/PN.KDI) ]]>
<![CDATA[Aulia Putri Khairunnisa]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.75275
<![CDATA[This research examines the problem, what are the legal considerations of judges in applying Article 2 of the Corruption Crime Law to Decision Number 77/Pid.Sus-TPK/2018/PN.Kdi. The research method in writing this journal is normative legal research. This method involves an analysis of legal materials in the form of applicable legal regulations and existing legal documents. The legal material in this study is Law Number 20 of 2001 concerning Corruption Crimes which is focused on Article 2. The results of the research show that as a judge has a great responsibility in making decisions that are fair and based on the law. Some of the legal considerations that must be considered by the judge in making a decision include applicable law, existing facts and evidence, principles of justice, public policy considerations, appropriate punishment, and the interests of the victim. Keywords: Corruption Crime, Judge's Legal Considerations; Article 2 of the Corruption Law]]>
<![CDATA[PERANAN KETERANGAN AHLI SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PIDANA ]]>
<![CDATA[Ahmad Puji Sulistyo Adi]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.74360
<![CDATA[This article aims to examine the legality of the pharmacist's testimony in proving that meets the qualifications as evidence according to the Criminal Procedure Code in the case of Supreme Court Decision Number 122/Pid.Sus/2021/PN.Bbs. This article is a prescriptive normative legal research, and uses primary legal materials and secondary legal materials. Data collection techniques using literature studies. The approach used in this article is the case approach. The data analysis technique used is the syllogistic method which uses a deductive mindset. The results of the study show that the legality of the pharmacist's testimony has met the qualifications in Article 179 of the Criminal Procedure Code and the proof of the position of a pharmacy expert witness submitted by the Public Prosecutor is in accordance with Article 184 of the Criminal Procedure Code because members of the National Police provide information for the purposes of investigation, prosecution and justice regarding a criminal case that they heard himself, he saw it himself, and he experienced it himself. Thus, the information given has the same status as an ordinary witness, so that the statement can also be used as material for the judge's consideration in making a decision.Keywords: Strength of Evidence;Expert Information; proof; Unlicensed Drug Circulation]]>
<![CDATA[ANALISIS PERMOHONAN PRAPERADILAN TENTANG KEABSAHAN PENETAPAN STATUS TERSANGKA (STUDI PUTUSAN PRAPERADILAN NOMOR: 2/Pid.Pra/2021/ PN.Wat) ]]>
<![CDATA[Anisya Noviana Hartono]]>;
<![CDATA[Ismawati Septiningsih]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.76176
<![CDATA[This article aims to determine the compatibility between the reasons for submitting a pretrial request regarding the validity of determining the suspect's status in the Pretrial Decision Number: 2/Pid.Pra/2021/PN.Wat with the provisions of the Criminal Procedure Code and other provisions relating to pretrial. This research is included in normative legal research with a case approach. Types of legal materials consist of primary and secondary legal materials. The results of the research on the writing of this law show that the reason for submitting a pretrial request regarding the validity of determining the status of a suspect in the Pretrial Decision Number: 2/Pid.Pra/2021/PN.Wat is not in accordance with the provisions of the Criminal Procedure Code. However, this is in accordance with the provisions of the Constitutional Court Decision Number: 21/PUU-XII/2014 and Supreme Court Regulation Number 4 of 2016. This shows that the provisions regarding Pretrial in the Criminal Procedure Code are not perfect, so several additional regulations are needed to perfect them as contained in the Constitutional Court Decision Number: 21/PUUXII/2014 and Supreme Court Regulation Number 4 of 2016. Therefore, it is necessary to prepare pretrial procedural legal instruments in the form of a law that can ensure that the pretrial process can be carried out in a fair and accountable manner.]]>
<![CDATA[KESESUAIAN PERTIMBANGAN HAKIM MAHKAMAH AGUNG MENOLAK KASASI PENUNTUT UMUM PADA PERKARA NARKOTIKA BERDASARKAN KUHAP ]]>
<![CDATA[Khansa Diva]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.75429
<![CDATA[This article analyzes the considerations of the Supreme Court judges in deciding the cassation request by the Public Prosecutor in Decision Number 2729 K/Pid.Sus/2022. The purpose of this article is to analyze the suitability of the Supreme Court Judge's considerations in deciding the cassation request by the Public Prosecutor in Decision Number 2729 K/Pid.Sus/2022 with the Criminal Procedure Code. The research method used is normative research, with the technique of collecting legal materials using library research where the types of legal materials used are primary legal materials and secondary legal materials. From the results of the study it can be concluded that the considerations of the Supreme Court Judge in deciding the Public Prosecutor's cassation request against narcotics cases in Decision Number 2729 K/Pid.Sus/2022 are in accordance with the Criminal Procedure Code, especially Article 254 and Article 255 paragraph (1) .Keywords: Cassation; Supreme Court; Narcotics; Consideration]]>
<![CDATA[TELAAH KESESUAIAN PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 24/PID.SUS-ANAK/2022/PN MND TERHADAP UU SPPA ]]>
<![CDATA[Muhammad Aqil Yuda Pratama]]>;
<![CDATA[Ismawati Septiningsih]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.74571
<![CDATA[This writing analyzes the appropriateness of the judge's considerations in imposing a five-year prison sentence on a child with article 79 of the Law of the Republic of Indonesia Number 11 of 2012. In Decision Number 24/Pid.Sus-Anak/2022/PN Mnd it is known that a crime of violence has occurred with joint power carried out by children. The perpetrator was subject to Article 170 of the Criminal Code paragraph (2) 3rd of the Criminal Code and considered Law Number 11 of 2012 concerning the Juvenile Justice System because the perpetrator was a child. The purpose of this writing is to find out whether the judge's considerations in Decision Number 24/Pid.Sus-Anak/2022/PN Mnd are in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. As a result, the judge in hisconsiderations before passing the decision had considered Article 79 of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System.Keywords: Consideration; Collective violence; Child]]>
<![CDATA[KESESUAIAN ALAT BUKTI PETUNJUK PADA PEMBUKTIAN TINDAK PIDANA PORNOGRAFI MELALUI MEDIA ELEKTRONIK ]]>
<![CDATA[Amadeus Anugrah Dharmawan]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.76499
<![CDATA[his article aims to examine the appropriateness of the evidence used in evidence in trials of criminal acts of pornography through electronic media. This legal writing includes normative legal research, which is prescriptive by using sources of legal materials, both in the form of primary legal materials and secondary legal materials. The technique of collecting legal materials in this research is by means of library research. In writing this law, the author uses an analysis using the syllogism method which stems from the reasoning in the submission of the major premise, namely the Law and Minor Premises of the Decision of the Wates District Court Number 23/Pid.B/2022/Pn.Wat. From these two matters, then a reasoning is drawn regarding suitability of Evidence Guide and proof of expert testimony in proving pornography cases.Based on the results of the research, the Public Prosecutor charged the defendant with alternative subsidiary charges. The evidentiary process at trial shows that the evidence used in proving this crime is in accordance with the provisions of Article 184 of the Criminal Procedure Code regarding evidence. The assessment of the results of evidence has given the Judge confidence that it was the defendant who had committed the crime and obtained the value of expert testimony that supports the evidentiary process in court.]]>
<![CDATA[PERTIMBANGAN HAKIM MENJATUHKAN VRIJSPRAAK DALAM TINDAK PIDANA NARKOTIKA (PUTUSAN NOMOR 1434/PIDSUS/2018/PN MKS) ]]>
<![CDATA[Abiyyu Ahmad Patria]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.79270
<![CDATA[The author conducted research related to the evidentiary process at the trial that gave an acquittal against narcotics crime, whether the Panel of Judges in giving an acquittal was by following existing regulations in Indonesia, especially in the Criminal Procedure Code (KUHAP) and in Act of the Republic of Indonesia Number 35 Year 2009 Concerning Narcotics. This research is normative law research. In this legal research, the author uses primary legal materials, secondary legal materials, and tertiary legal materials obtained through literature study by the topic of the case that the author takes. This legal writing uses a qualitative analysis technique with a deductive syllogism method. Based on the results of the study, Verdict Number: 1434/Pid.Sus/2018/PN.Mks is in accordance with Article 183 jo Article 191 of the Criminal Procedure Code (KUHAP), this is in accordance with the considerations given by the Judge in the evidentiary process in the trial. This research aims to provide input to law enforcers to be careful in handling cases so that it does not occur in the verdict of acquittal of narcotics crime cases by following per under the objectives of in Act of the Republic of Indonesia Number 35 Year 2009 Concerning Narcotics.Keywords: Acquittal; Evidence; Narcotics.]]>
<![CDATA[DAMPAK HUKUM KREDITOR ATAS PEMBATALAN HAK TANGGUNGAN BERDASARKAN PUTUSAN PENGADILAN ]]>
<![CDATA[Zaidan Yusuf Kinayungan]]>;
<![CDATA[Harjono Harjono]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.76040
<![CDATA[This article analyzes the legal impact on creditors of a mortgage rights that is cancelled by law based on a court decision. This article aims to find out how the legal consequences of amortgage rights that is cancelled by law based on a court decision. The research method used in this article is a normative legal research method. This research is prescriptive and applied. The technique of collecting legal material used in this research is a literature study with primary and secondary legal materials. Based on the results of the research, it can be concluded that the legal impact of creditors on the cancellation of mortgage rights based on court decisions is the loss of the creditor's position as a separatist creditor with the right to parate execute on the basis of the executorial title to become a concurrent creditor who has the same position as other creditors without mortgage rights.Keywords: Cancellation of Mortgage Rights, Legal Impact, Creditor’s Position]]>
<![CDATA[ANALISIS KEKUATAN PEMBUKTIAN VISUM ET REPERTUM SEBAGAI BUKTI DALAM TINDAK PIDANA PEMERKOSAAN ]]>
<![CDATA[Salafiyyah Diwayanti]]>;
<![CDATA[Arsyad Aldyan]]>
<![CDATA[ Verstek Vol 11, No 4 (2023): OKTOBER-DESEMBER ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i4.74874
<![CDATA[This study aims to explain how the strenght of evidence (bewijskracht) for Visum et Repertum as evidence in the crime of rape in Decision Number 42/Pid.B/2021/PN.Kds. The research method used is a normative legal research method with a prescriptive nature of research and uses a case approach. This research shows that Visum et Repertum is important as evidence in the crime of rape because it plays a role in the process of proving a criminal case which can provide a clear picture of crime. Strenght of Evidence (bewijskracht) for Visum et Repertum in Decision Number 42/Pid.B/2021/PN.Kds is independent for the judge. The evidence presented in this case in the form of witness testimony, defendant’s statement, Visum et Repertum letter are related to one another. The strenght of the evidence is the same, no one exceeds the other. The strenght of the proof is free and not binding, depending on the judges’s assesment Keywords: Strenght of Evidence, Visum et Repertum ]]>
