Articles
<![CDATA[KAJIAN TERHADAP PUTUSAN HAKIM PADA TINDAK PIDANA PENCABULAN OLEH ANAK DITINJAU DARI SPPA ]]>
<![CDATA[Tiara Maharani Maharani]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71768
<![CDATA[This Article was created with the aim of finding out whether the judge’s decision handed down against the child perpetrator of continued obscenity is in accordance with the provisions of the Juvenile Criminal Justice System Act. This research is a normative legal research that is prescriptive and applied. Using primary and secondary legal materials. With Case Approach. The types and sources of legal materials used are primary and secondary legal materials. The technique of collecting legal materials is a library study. The legal material analysis technique uses the deductive syllogistic method or syllogistic deduction. The results of the study show that the judge in passing judgment on the child perpetrators of obscenity continues in accordance with the law on the juvenile criminal justice system.Keywords: Perpetrator’s child, judge’s decision, fornication; child criminal justice system]]>
<![CDATA[PERTIMBANGAN HAKIM MILTER DALAM MEMUTUS PENYALAHGUNAAN NARKOTIKA YANG DILAKUKAN TENTARA NASIONAL INDONESIA ]]>
<![CDATA[Novitaningrum Eka Putri]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.72152
<![CDATA[This research aims to know determine the legal authority of the Military Court in hearing cases of Narcotics Abuse by the TNI and to know the legal considerations of the Military Court in the process of Imposing a Criminal Decision on Narcotics Abuse for members of the TNI. This research is a normative legal research that is prescriptive and applied with case studies. The technique of collecting primary and secondary legal materials used is the study of documents or library materials. The results of this study are narcotics crimes in the scope of general and military courts based on Law No. 22 of 1997concerning narcotics (crimes are general crimes, in relation to perpetrators who are members of the military, settlements are based on regulations that apply among members of the military). The judge's consideration factor in sentencing the perpetrators of narcotics crimes among members of the military is more directed to good services and achievements while carrying out military duties. The burden of punishment for members of the military who commit criminal acts(violating military discipline) is the existence of additional punishments, which are military in nature.Keywords: Narcotics, TNI, Military Court, Judge's Consideration]]>
<![CDATA[KEDUDUKAN AHLI BAHASA DALAM PEMBUKTIAN PERKARA PENCEMARAN NAMA BAIK (STUDI PUTUSAN NOMOR: 47/PID.SUS/2019/PN. MGT) ]]>
<![CDATA[Ridho Ferdiansyah Putra]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 11, No 2: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i2.71624
<![CDATA[This study aims to determine how the role of linguists and criminal lawexperts in proving defamation cases through twitter. In addition, it is also to know the judge's consideration in deciding the case of defamation through twitter. The method used in this research is normative or doctrinal research. Legal materials includeprimary legal materials and secondary legal materials, the legal materials are arranged systematically, studied, then compared and a conclusion is drawn in relation to the problem under study. The collection of legal materials in this research uses courtdecision study techniques. The legal material analysis technique used is a qualitative analysis technique that uses a deductive thinking pattern. The use of the deduction method stems from the submission of major premises (general statements), then minor premises (special statements) are submitted, from the two premises a conclusion is drawn. Based on the results of research and discussion, it is concluded that experts have a position as evidence based on Article 184 paragraph (1) letter b of the Criminal Procedure Code (KUHAP). The results showed that the consideration of the panel of Judges in deciding to impose punishment on the Defendant was in accordance with Article 45 paragraph (3) Jo. Article 27 paragraph (3) of Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law of the Republic of Indonesia Number 11 of 2008 concerning Electronic Information and Transactions.Keywords: Expert role; defamation;judge's consideration]]>
<![CDATA[SANKSI PIDANA ANAK TERHADAP PENYALAHGUNAAN NAPZA DIKAJI DARI LEGAL JUSTICE ]]>
<![CDATA[Alvien Okta Rajasa]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
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[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 ]]>
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]]>
<![CDATA[ANALISIS PERTIMBANGAN HAKIM TIDAK TERPENUHINYA UNSUR MEMPERKAYA DIRI DALAM PUTUSAN NOMOR 18PID.SUS-TPK2022PN SMG ]]>
<![CDATA[Ajeng Trisna Prameswari]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 10, No 4: 2022 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v10i4.72715
<![CDATA[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]]>
<![CDATA[PELAKSANAAN PENETAPAN STATUS PENGGUNAAN TERHADAP BARANG RAMPASAN NEGARA DI KEJAKSAAN NEGERI SURAKARTA ]]>
<![CDATA[Isna Nuraini]]>;
<![CDATA[Kristiyadi Kristiyadi]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72293
<![CDATA[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]]>
<![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[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[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) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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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]]>
