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
722 Documents
<![CDATA[Pertimbangan Hakim Dalam Menjatuhkan Sanksi Pidana Penjara Tanpa Rehabilitasi Medis Terhadap Terdakwa Penyalah Guna Narkotika Bagi Diri Sendiri ]]>
<![CDATA[Adi Bambang Waseso]]>;
<![CDATA[Edy Herdyanto., S.H., M.H]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1097.209 KB)
|
DOI: 10.20961/jv.v7i1.28966
<![CDATA[This research examine issues concerning reason District Court of Kota Agung in deciding verdict against the Defendant of narcotics class one abuser for himself. This research include normative law researchNarcotics is a substance or a drug derived from a plant or not plant, either synthetic or semisynthetic, which can cause a decrease or alteration of consciousness, and can lead to dependence. Actually drug is a substance or drug that can be useful and necessary for the treatment of certain diseases. However, the use of which is not in accordance with the standards for treatment, would cause harm to themselves and society at large the younger generation. Thus the drug abusers should be rehabilitated. In the Narcotics Act has regulated how the arrangements for the rehabilitation of drug abusers. Abusers can we distinguish again become addicts and victims of drug abusers. Because they both use narcotics without rights and against the law. However, the setting for the abusers impressed overlap. There are criminal sanctions and penalties related actions in a single article abusers. The regulation stipulated in Article 127, where paragraph (1) of the criminal sanctions, while paragraph (2) and (3) of the sanctions measures (rehabilitation).It happened at the District Court Kota Agung No:32/Pid.Sus/2015/PN.Kot, the judge consideration do not consider correctly whole of indictment, evidence and witness statements in article 127 where paragraphThe defendant according to the statements of witnesses, experts, up to more documentary evidence leads to a drug addict, but the panel of Judges prefer imprisonment verdict without rehabilitation. Whereas in the article 127, where paragraph (3) someone who is proven to be a drug abuser must undergo a rehabilitation process.]]>
<![CDATA[Argumentasi Kasasi Putusan Bebas Judex Facti Akibat Kesalahan Penerapan Hukum Perkara Memakai Surat Palsu Atau yang Dipalsukan ]]>
<![CDATA[Adzamayah Satmuharrulys Baktiakbar]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1106.862 KB)
|
DOI: 10.20961/jv.v7i1.29214
<![CDATA[This research aims to fnd out the conformity argumentation cassation from Public Prosecutor against the acquittal due to misapplied the law in cases of use false document or falsifed document have been in accordance with Article 253 Criminal Procedure Code. This writing is a normative law research orcommonly called the doctrinal legal research. The results of the discussion to explain that the reasons for the appeal fled Public Prosecutor against the decision of Judex Facti Cirebon District Court has been in accordance with the provisions of Article 253 Criminal Procedure Code about the reason for the cassation request. The reasons for the appeal fled Public Prosecutor has been in accordance with the provisions of Article 253 paragraph (1) letter a and Article 253 paragraph (1) letter b Criminal Procedure Code. The Cirebon District Court that has investigated and adjudicated the case on behalf of the defendant R. HARDADI has made a mistake by not applying the rule of law namely misinterpreted the meaning of falsedocument or falsifed document in the primary charge, not applied the law of evidence, and misinterpreted the meaning of “Deliberately use false document or falsifed document as if it were true” in the subsidiary charge, and the method of adjudicated were not implemented the provisions of Article 197 paragraph (1) letter d namely the Cirebon District Court was ignore witnesses testimony, Article 185 paragraph (6) letter a namely the Cirebon District Court was not paying attention to the suitability of witnesses testimony andevidence, and Article 187 letter c of the Criminal Procedure Code namely the Cirebon District Court was neglect to assess evidence . The reason cassation Public Prosecutor has met the provisions of Article 253 paragraph (1) letter a and Article 253 paragraph (1) letter b Criminal Procedure Code namely the rule of law is not applied or not applied as it should be and the method of adjudicated were not implemented under the provisions of the law]]>
<![CDATA[Pertimbangan Hukum Mahkamah Agung Memutus Perkara Penipuan Secara Berlanjut dan Pencucian Uang ]]>
<![CDATA[Achmad Mirza Fahlevi]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): Foreword ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v7i1.30032
<![CDATA[ This study aims to determine the consideration of the Supreme Court adjudicating the Cassation appeal to the case of continuous fraud and money laundering. The research method used is normative legal research. The approach used is the approach of law and case approach. Sources of legal materials used are primary and secondary legal materials. It is known that the Supreme Court’s consideration granted the Cassation appeal to the case of continuous fraud and money laundering with Defendant Masjaya bin Nurdin proven legally and convincingly guilty of committing a criminal act “Continuous Fraud and Money Laundering” and imposing a penalty on the Defendant therefore by criminal imprisonment for 8 (eight) years and a fne of Rp. 1,000,000,000 (one billion rupiah), provided that if the fne is not paid, the Defendant shall be subject to a fve-month imprisonment based on the error of judex facti considering the element of deceit or lies from the actions of the Defendant, CV business. GDC from Makassar RegionalGovernment is to trade herbal medicine, but in fact CV. GDC does not do herbal medicine, but collects funds from the community. therefore, the balance of the Supreme Court is in conformity with the provisions contained in Article 256 jo of Article 193 paragraph (1) of the Criminal Procedure Code. Keywords: Judge Consideration, Money Laundering Crime, Crime Fraud.]]>
<![CDATA[Upaya Pembuktian Surat Dakwaan Berbentuk Alternatif oleh Penuntut Umum dalam Tindak Pidana Pengrusakan ]]>
<![CDATA[Alfian Anhan Orlando]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1120.609 KB)
|
DOI: 10.20961/jv.v7i1.30034
<![CDATA[ This study aims to determine the role of the public prosecutor in an attempt to prove his indictment on a criminal case of vandalism related to whether it is in accordance with Article 184 paragraph 1 of the Criminal Procedure Code. The type of research used is normative and prescriptive legal research. The research approach used is qualitative. Sources of legal material of this research in the form of primary legal materials and secondary legal materials. The collection of legal materials used is a technique with literature study or document studies, while the analytical technique used is a syllogistic technique that uses deductive thinking patterns. The evidentiary efforts made by the public prosecutor are correct and are in accordance with article 184 peragraph 1 KUHAP which in the article regulates the valid evidence of witnesses, expert statements, letters, instructions, and statements of the accused. In the case of this trial the prosecutor has succeeded in presenting at least 2 evidences. The evidence presented is the witnesses and statements of the defendant who are accompanied by evidence successfully fled in the hearing. The prosecutor succeeded in proving that all the evidences presented had mutually conformed to each other and also provided information in accordance with the accused article.Keywords: Evidence, Criminal Act of Destruction]]>
<![CDATA[Pembuktian Dakwaan Oleh Penuntut Umum dan Pertimbangan Hakim Menjatuhkan Pidana Kumulatif ]]>
<![CDATA[Annisa Nilasari]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1131.073 KB)
|
DOI: 10.20961/jv.v7i1.30036
<![CDATA[ This research examines the issues of whether the indictment by the Public Prosecution Against Defendant the perpetrator of the criminal act of child abduction has used legal evidences according to Article 184 Code of Criminal Procedure and whether the judge’s consideration of imposing the imprisonment and the fne against the Defendant the perpetrator of the kidnapping of the child has been in accordance with Article 183 jo 193 paragraph (1) of the Code of Criminal Procedure. This research is normative legal research that is both prescriptive and applied. Proving the indictment by the Public Prosecutor against the Defendant the perpetrator of the criminal act of child abduction has used the legal evidence accordance to Article 184 Code of Criminal Procedure that is witness testimony, letter, and description of defendant. The judge’s consideration of imprisonment and fnes against the Accused child abuser in accordance with Article 183 jo of Article 193 paragraph (1) of the Code of Criminal Procedure that The judge should not drop criminal to someone unless with at least two legitimate evidence he gained confdence that a crime actually occurred and that the Defendant are guilty of doing it. The Judge has tried the Defendant to be proven legally and convincingly guilty of committing the crime of kidnapping the child and imprisonment for 4 years 8 months and a fne of Rp 60,000,000, - provided that the unpaid penalty is substituted with imprisonment for 1 month.Keywords: proof, the indictment, public prosecutor, judge Considerations, kidnapping the child]]>
<![CDATA[Kekuatan Pembuktian Surat Letter C Dalam Pemeriksaan Sengketa Tanah di Persidangan ]]>
<![CDATA[Annisa Oktaviani]]>;
<![CDATA[Harjono, S.H., M.H -]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1121.377 KB)
|
DOI: 10.20961/jv.v7i1.30038
<![CDATA[ This study aims to determine the strength of evidence of Letter C fled by the Plaintiff in court and the appropriateness of judges’ consideration in applying Government Regulation No.24 of 1997 on Land Registration. This legal research is a doctrinal or normative legal research that is descriptive. The research approach used in the writing of this law, the case study (case study). Sources of legal materials using primary legal materials and secondary legal materials. The technique of collecting legal materials is done by literature study or document study. The technique of analysis of law materials is a deductive method of syllogism. The results and discussions indicate that Letter C or quotation of Letter C can not be used as evidence in court if it is not accompanied by other evidence and the strength of the proof is left to the judge’s consideration. Judge consideration in deciding the land case must be in accordance with the regulation Government Regulation Number 24 of 1997 concerning Land Registration.Keywords: Letter C, evidence of Letter C, Land Registration]]>
<![CDATA[Aspek Hukum Pertimbangan Mahkamah Agung Mengabulkan Permohonan Kasasi Penuntut Umum Terhadap Putusan Bebas dalam Perkara Tindak Pidana Usaha Pertambangan Tanpa Izin ]]>
<![CDATA[Ardiansyah Putra]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1170.6 KB)
|
DOI: 10.20961/jv.v7i1.30040
<![CDATA[This research aims to know the legal aspects of the consideration of the Supreme Court granted the petition for Cassation of the prosecutor in case of Ilegal Mining. The research method used was the normative legal research. The approach used was approach legislation and the approach to the case. The source of the legal materials used are primary and secondary legal materials. Note that the reason the prosecutor fled a cassation over the verdict of the District Court’s of Solok verdict number: 57/Pid.sus/2013/PN.Slk has been according to Article 256 KUHAP jo. Article 158 Act No. 4 of the year 2009, then the Supreme Court authorized the application for appeal against the verdict.Keywords: Cassation, Illegal Mining,Verdict]]>
<![CDATA[Upaya Pembuktian Oditur Militer dan Pertimbangan Hakim Memutus Tindak Pidana Desersi dalam Waktu Damai dengan Pemberatan ]]>
<![CDATA[Bisma Cahya Raditya]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): Foreword ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v7i1.30042
<![CDATA[ This research examines the issues regarding what the attempts to verify the Military Oditur against the crime of desertion in peacetime with a denunciation have used valid evidences pursuant to Article 172 of the Military Justice Act and whether the considerations of the Military Court Judge decide upon the desertion in peace with the objections are in accordance with Article 171 jo Article 190 Military Justice Law jo Article 26 of the Military Criminal Code. This research is the normative legal research that is both prescriptive and applied. The approach is used that is the approach the case. Type and source material primary law is law and secondary law materials obtained by means of the study of librarianship. Legal materials analysis techniques with the method of deductive syllogisms that connects the major premise and minor premise further drawn the conclusion. The results derived from this study on the suitability of the verifcation of the Military Oditur against the desertion in peace with the objections of using the lawful evidence according to Article 172 of the Military Justice Act. Legal evidence is the testimony of witnesses, expert information, defendant’s statements, letters, and instructions. And the consideration of the Judge of the Military Tribunal to decide the crime of desertion in peace with the objections has been in accordance with Article 171 jo Article 190 of the Military Justice Law jo Article 26 of the Military Criminal Code by stating that the Defendant is proven legally and convincingly guilty of committing a crime of desertion in peace with a denunciation and imprisonment for 10 months and was dismissed from military service.Keywords: Proof, Military Oditur, Judge Consideration, Crime Desertion In Peaceful Time With Obstacles]]>
<![CDATA[Tinjauan Pengajuan Kasasi Penuntut Umum Terhadap Pembebasan Terdakwa dari Dakwaan Primair dalam Perkara Korupsi ]]>
<![CDATA[Dedhy Prabowo]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20961/jv.v7i1.30044
<![CDATA[ This study aims to reviewing the suitability of the Cassation Appeal by the Public Prosecutor against the acquittal of the Defendant from the Primair indictment by the High Court Judges of Central Sulawesi Province in Palu in the Corruption Case as contained in the Supreme Court Decision of the Republic of Indonesia No. 134 K/PID.SUS/2014 with the fulfllment of The provisions of article 253 paragraph 1 of the Criminal Procedure Code. This research is Normative Law Research with case approach, that is to Case of Corruption of Banggai Regency Budget Fund that is General Allocation Fund (DAU) for Development of SDN. Trijadi in Luwuk with the defendant Beby Kobstan. Based on the results of the research and discussion that has been the author of the analysis, the Prosecutor was able to prove that the Cassation Appeal and the reasons for his Cassation have been in accordance with the provisions contained in Article 253 paragraph (1) of the Criminal Procedure Code, especially as clearly stated in letter a which determines whether A rule of law is not applied or implemented is not as it should be. The Cassation Reason that has been submitted by the Public Prosecutor in the Case of Corruption can be seen that Judex Factie does not apply or improperly implements a rule of law, namely in the case of a criminal imposition against Beby Kobstan which corroborates the decision of the District Court of Luwuk namely imprisonment for 1 (One) year is not or less fulflls the sense of justice in the community, since the Judge of the District Court Luwuk and the Court of Corruption at the Central Sulawesi High Court in Palu has taken over the whole prosecution of the Public Prosecutor Luwuk and stated that the Defendant Beby Kobstan has been proven Legitimate and convincing guilty of committing a criminal act of corruption.Keywords: Appeal, Indictment, Criminal Act of Corruption, Corruption.]]>
<![CDATA[Argumentasi Kasasi Penuntut Umum Berdasarkan Kesalahan Judex Factie Memutus Perkara Penganiayaan ]]>
<![CDATA[Dimas Yoga Budi Purnomo]]>
<![CDATA[ Verstek Vol 7, No 1 (2019): APRIL ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (1099.061 KB)
|
DOI: 10.20961/jv.v7i1.30046
<![CDATA[ The aims of this research are the arguments of the Prosecutor proposed the Cassation against judex factie erred in applying the law things of persecution for not considering the presence of witnesses and evidence of the existence of the letter in a Supreme Court verdict Number 244 K/PID/2015 has been in accordance with article 253 of the Criminal Procedure Code. Find out what being a consideration in granting the Supreme Court judge of Cassation Prosecutor has in accordance with article 256 jo article 193 of the Criminal Procedure Code. The research method used was the normative legal research. Legal materials in the form of source material primary law and secondary law materials. Engineering analysis method using a deductive syllogism patterned thought. Reason of appeal by the public prosecutor is because the law does not apply judex factie properly. Based on the facts in the trial that the defendant was clearly doing the crime of persecution, but the judge cut off the defendant not proven conclusively do the criminal act of persecution and to relieve the defendant of all charges of the public prosecutor. A matter before the judge should consider carefully in advance any facts in the trial included evidence, but in this case the judge does not consider the existence of witnesses and evidence in the form of a letter of visum et repertum. Erred in applying the law by judex factie resulted in the defendant’s assertion of the public prosecutor so obviously the Supreme Court in cassation has been granted in accordance with article 256 jo article 193 of the Criminal Procedure Code.Keywords: Argumentation Of Cassation Submissions, Judex Factie, Assault, Evidence.]]>
