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.
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802 Documents
<![CDATA[PUTUSAN HAKIM DALAM MENJATUHKAN SANKSI PIDANA PENJARA KEPADA ANAK PELAKU TINDAK PIDANA PENGANIAYAAN (Putusan Nomor: 3/Pid.Sus-Anak/2020/PN-Enr) ]]>
<![CDATA[Charista Eforina Waruwu]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.60237
<![CDATA[This article aims to determine the suitability of the judge's decision in imposing prison sentences on children who are perpetrators of abuse based on the provisions of Article 354 Paragraph (2) of the Criminal Code and the Law on the Juvenile Criminal Justice System. The type of research used is normative legal research which is prescriptive and applied. This legal research approach is a case approach. The legal materials used consist of primary legal materials and secondary legal materials. The technique of collecting legal materials used is literature study. The technique of analyzing legal materials used in writing this law is the syllogism method using deductive thinking patterns. The results of this study indicate that the judge's decision in the Enrekang District Court Decision Number 3/Pid.sus-Anak/2020/PN-Enr has given a decision that is not in accordance with the provisions contained in Article 79 Paragraph (2) of the Child Criminal Protection System Act. because the Judge did not give consideration that refers to Article 354 of the Criminal Code.Keywords: Judge's Decision, Persecution, Child Defendant]]>
<![CDATA[KESESUAIAN PERTIMBANGAN HAKIM DALAM PEMIDANAAN TERHADAP TERDAKWA ANAK DENGAN PERATURAN PERUNDANG-UNDANGAN YANG BERLAKU ]]>
<![CDATA[Ulinda Sekar Wulandari]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.72255
<![CDATA[This study aims to determine the suitability of the judge's consideration in the Decision of the Klaten District Court Number 3/Pid.Sus-Child/PN.Kln with the provisions of the applicable laws, especially Law Number 11 of 2012 concerning the Criminal Justice System of Children. This study uses prescriptive normative legal research methods. This study uses a case study. The types of legal materials used include primary and secondary legal materials. The legal material collection technique used by the authors in this study is a document study technique or library research. The legal material analysis technique in this study uses the syllogism method with the mindset of deduction. The results showed that the judge's consideration was based on the indictment of the Public Prosecutor and Juridical and Non-juridical considerations in imposing a criminal supervision to children in the form of placing children under the supervision of the public prosecutor for 3 (three) months in accordance with applicable laws and regulations. In its consideration, the judge had considered at least two pieces of evidence, namely witness statements and the defendant's statement where the beliefs obtained from the two evidences the judge was able to state that the defendant had been guilty of committing the criminal acts of theft by weighting. Keywords: Judge's consideration, Child, Theft of Crimes, Criminal Imposition]]>
<![CDATA[ANALISIS PERTIMBANGAN MAHKAMAH AGUNG DALAM MENGKABULKAN KASASI PENUNTUT UMUM TERHADAP KESALAHAN JUDEX FACTIE ]]>
<![CDATA[Bagas Prasetya Faliquzzaman]]>;
<![CDATA[Muthia Sakti]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73789
<![CDATA[Abstract: This study aims to analyze the consideration of the supreme court regarding the judex factie error in deciding that corruption was acquitted (Study of Supreme Court Decision Number 2407/K/Pid.Sus/2020). This type of normative research is prescriptive with a case approach. The research legal materials used are primary and secondary legal materials with library research collection techniques. This research shows that the consideration of the Supreme Court in decision Number 2407K/Pid.Sus/2020 is in accordance with Article 253 paragraph (1) of the Criminal Procedure Code because judex factie in this case the Decision of the Makassar High Court does not apply the law as it should. Keywords: Supreme Court, Judex Factie, Free Verdic]]>
<![CDATA[ANALISIS PENGGUNAAN DAKWAAN ALTERNATIF SUBSIDAIR OLEH PENUNTUT UMUM DALAM PERKARA PERLINDUNGAN ANAK ]]>
<![CDATA[afina akmalia]]>;
<![CDATA[Arsyad Aldyan]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73335
<![CDATA[This study aims to determine the suitability of the use of alternative subsidiary forms of indictment by public prosecutors in proving child protection cases with the provisions of the KUHAP based on decision Number 13/Pid.Sus.Anak/2020/PN.Kln. This research is included in normative legal research with a case study. Techniques for collecting primary and secondary legal materials are obtained from document studies or literature. Based on this research, it was found that the use of an alternative subsidiary form of indictment by the public prosecutor in proving child protection cases in Decision Number 13/Pid.Sus.Anak/2020/PN.Kln is by the KUHAP. The Public Prosecutor in preparing the indictment has complied with the provisions stipulated in the Attorney General’s Circular Letter Number SE004/J.A/11/1993 concerning Making Indictments. The preparation of this subsidiary alternative indictment has met the formal and material requirements for an indictment as regulated in the provisions of Article 143 Paragraph (2) of the KUHAP. The Public Prosecutor used an alternative subsidiary form of indictment because the Public Prosecutor was unsure which article was most appropriate to apply to the actions he was charged with against the defendant.Keywords: Indictment, Alternative Subsidiary, Public Prosecutor, Child Protection]]>
<![CDATA[KESESUAIAN PUTUSAN HAKIM DALAM PERKARA ANAK SEBAGAI PERANTARA JUAL BELI NARKOTIKA DENGAN UU SPPA ]]>
<![CDATA[Laksmidari Khansa Bella Wisnu Wardani]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73106
<![CDATA[This article aims to find out the legal considerations used by Judges in deciding a narcotics case with a child who acts as an intermediary for buying and selling narcotics in the study of verdict Number 4/Pid.Sus-Anak/2022/PNWng. The method used in this research is normative legal research that is prescriptive and applied. The research approach uses a case approach. The types of legal materials used are primary legal materials and secondary legal materials with library research/ document studies. Based on the research, the results obtained were that the judge's considerations in deciding criminal cases with children as defendants were in accordance with the Law on Juvenile Justice System. Children Against the Law have fulfilled the elements of the article charged by the Public Prosecutor through evidence that is in accordance with Article 183 of the Criminal Procedure Code. In addition, the trial is also in accordance with the provisions of the Law on Juvenile Justice System where children are tried based on the Juvenile Criminal Justice System. However, in sentencing, the judge felt that he had not been optimal in his considerations where the judge still ruled out several articles and principles in the Law on Juvenile Justice System which affected the outcome of the decision in sentencing.Keywords: Children Against the Law; Narcotics Sale and Purchase Intermediary; The Law on Juvenile Justice System]]>
<![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 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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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 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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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 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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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 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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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[Daniel Milano Tarigan]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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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]]>
