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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<![CDATA[PENJATUHAN PIDANA PENJARA TERHADAP TERDAKWA ANAK DALAM PERKARA PENCABULAN (STUDI PUTUSAN NOMOR 6/PID.SUS-ANAK/2022/PN WNG) ]]>
<![CDATA[Anisa Septiana Saputri]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.72236
<![CDATA[This study aims to determine the appropriateness of the judge's considerations in imposing prison sentences on child defendants in cases of obscenity in the Wonogiri District Court Decision Number 6/Pid.Sus-Anak/2022/PN Wng with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The research methodology uses normative legal research and a case approach technique, as well as library research legal material collection techniques to obtain laws related to the problem under study. The results of this study are that imprisonment can only be imposed on children for a maximum of 1/2 (one half) of the sentence for adults. In addition, the provisions of Article 82 Paragraph (4) of Law Number 17 of 2016 concerning Child Protection with an additional sentence of 1/3 (one third) of the criminal threat cannot be applied. To children, even though the child's actions have been proven to fulfill the elements of the paragraph, the additional punishment is excluded for child offenders.Keywords: Child; Obscenity; Prison; Judge's Decision]]>
<![CDATA[KESESUAIAN PERTIMBANGAN HUKUM HAKIM TERHADAP TINDAK PIDANA NARKOTIKA DENGAN SEMA NOMOR 3 TAHUN 2015 ]]>
<![CDATA[Yohanes Galih Lintario]]>;
<![CDATA[Hanuring Ayu Ardhani Putri]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73596
<![CDATA[Abstract: This article analyzes the suitability of judges' considerations with SEMA Nomor 3 of 2015 inimposing criminal penalties for narcotics crimes. This study aims to find out whether the judge's legalconsiderations in imposing a sentence on Decision Nomor: 3557 K/Pid.Sus/2021 are in accordance withSEMA Nomor 3 of 2015. This research is a normative legal research that is prescriptive and applied. Thelegal material collection technique used in this study is the document study technique or library studytechnique. The collection of legal materials is carried out through document studies and literature studies.Based on the results of the study, it was shown that the basis for legal considerations was that the judgemade a decision in the form of convicting the defendant based on juridical and non-juridical considerationsin accordance with the facts revealed in the trial. The judge's considerations in imposing a criminal decisionagainst the Defendant are in accordance with SEMA Nomor 3 of 2015.Keywords: Narcotics; Narcotics Crime; Judge's Legal Considerations]]>
<![CDATA[KESESUAIAN PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 1/Pid.Sus-Anak2022/PN BYL DENGAN UU SPPA ]]>
<![CDATA[Azzam Zaid Muharam]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73217
<![CDATA[This writing analyzes the suitability of the judge's considerations in imposing a prison sentence of two years and three months of job training for children with Article 71 paragraph (3) and Article 79 of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. In Decision Number 1/Pid.Sus-Anak/2022/PN Byl it is known that there has been a criminal act of sexual intercourse with a child, which was committed by a child. Child offenders are subject to Article 81 paragraph (2) of Law Number 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law Number 1 of 2016 regarding the second amendment to Law Number 23 of 2002 concerning Child Protection. The Child Protection Act can be applied to anyone, regardless of whether the offender is an adult or a child. So to protect child perpetrators, the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System is enacted. The purpose of this writing is to find out whether the judge's considerations in Decision Number 1/Pid.Sus-Anak/2022/PN Byl are in accordance with the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. As a result, the judge in his considerations before making a decision had considered Article 71 paragraph (3) of the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Justice System. Keywords: Consideration; Intercourse; Child]]>
<![CDATA[IMPLEMENTASI PASAL 138 KUHAP BAB XV PENUNTUTAN TENTANG PEMBERKASAN PERKARA ATAS PENYIDIKAN DAN PENUNTUTAN SEBUAH PERKARA (STUDI DI KEJAKSAAN NEGERI JAKARTA TIMUR) ]]>
<![CDATA[Rahardhan Gaza Sumantri]]>;
<![CDATA[Novita Alfian]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73081
<![CDATA[This legal research aims to find out and examine problems regarding the implementation of Article 138 of the Criminal Code CHAPTER XV prosecution regarding the filing of cases for the investigation and prosecution of a case with study at (East Jakarta District Attorney), the entire process of which is included in the pre-prosecution process. This research is an empirical legal research that is descriptive in nature. Secondary data types include primary, secondary and tertiary legal materials. Primary data is the main data of this study. While secondary data is used to support primary data. Data collection techniques used were interviews and literature studies with qualitative analysis techniques. The research instrument was in the form of the provisions of Article 110 and Article 138 of the Criminal Procedure Code and Law number 8 of 1981 concerning Criminal Procedure Code, then the analytical technique used was the deductive method. From the results of the study, a conclusion can be drawn that in the case of a narcotics crime case of the methamphetamine type with the case register number: BP/57/V/2022/Res.Narcotics at the East Jakarta District Attorney's Office, then the Public Prosecutor has applied the legal provisions of Article 138 of the Criminal Procedure Code. Where the process of transferring the file by the investigator to the Public Prosecutor has been carried out and according to the provisions of Article 110 and Article 138 paragraph (2) of the Criminal Procedure Code, the Public Prosecutor after examining the case file and stating that the file is incomplete.Keywords: Pre-prosecution, Implementation, investigating officer, East Jakarta District Attorney, Independence, Public Prosecutor, investigation, prosecution]]>
<![CDATA[PENGGUNAAN POLIGRAF (LIE DETECTOR) DALAM PEMBUKTIAN PERKARA PERSETUBUHAN ANAK ]]>
<![CDATA[Agnada Risma Melati]]>;
<![CDATA[Ismawati Septiningsih]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.71922
<![CDATA[This article analyses the use of a polygraph (lie detector) in proving cases of child intercourse in decision number: 111/Pid.Sus/2020/PN Wno. The purpose of this article is to determine the suitability of using a polygraph (lie detector) in the crime of sexual intercourse with a child under the provisions of Article 184 paragraph (1) of the Criminal Procedure Code. This writing uses normative legal research methods that are prescriptive and applied. The approach used in this research is a case approach. Types and sources of legal materials through library research. The results of the study show that the use of a polygraph (lie detector) in the evidence carried out by the Public Prosecutor regarding the crime of sexual intercourse with a child in the decision number: 111/Pid.Sus/2020/PN Wno is in accordance with Article 184 paragraph (1) of the Criminal Procedure Code, namely as letter evidence. However, in this case its position is only limited as complementary evidence, not as the main evidence at trial, so it must be paired with other evidence to strengthen the evidentiary process in court. Keywords: Proof; Polygraph; Letter]]>
<![CDATA[URGENSI PEMBUKTIAN DALAM PERSIDANGAN TINDAK PIDANA ELEKTRONIK ]]>
<![CDATA[Hizkia Andhitya Wijaya]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73615
<![CDATA[This article analyzes the urgency of the evidentiary process in electronic criminal trials. This study aims to determine the importance of the evidentiary process in an electronic crime trial where in an electronic crime the evidence submitted is not only tangible but intangible evidence. This research is a normative legal research that is prescriptive and applied. The legal material collection technique used in this study is the document study technique or library study technique. The collection of legal materials is carried out through document studies and literature studies. Based on the results of the research, it shows that proof in electronic crime is the main thing, because in the proof what is sought is material truth, that a crime has occurred and it is the defendant who is guilty of committing it. The court is bound by a rule or methods or provisions of evidence as stipulated in the law. Legitimate evidence must be carried out in court in accordance with the procedures or methods that apply in the law of evidence.Keywords: Evidence, Electronic Crime, Criminal Procedure law]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM MENILAI SAKSI MAHKOTA PADA TINDAK PIDANA MEMBANTU MELAKUKAN PEMBUNUHAN BERENCANA ]]>
<![CDATA[Icha Hanifah Razzak]]>;
<![CDATA[Putri Maha Dewi]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73296
<![CDATA[This study aims to determine whether the crown witness was considered by the judge in proving the crime of assisting premeditated murder in Decision Number 41/Pid.B/2021/PN Bil. This research is a normative legal research that is prescriptive and applied. This research uses a case approach. The legal materials used are primary legal materials and secondary legal materials. The legal material collection technique used in this legal research is literature study. The results of this study indicate that in Decision Number 41/Pid.B/2021/PN Bil, the crown witness was considered by the judge. The use of crown witnesses is allowed while still observing the provisions in submitting crown witnesses. These provisions are the separation of case files, lack of evidence, and criminal acts in the form of participation. The judge's consideration in Decision Number 41/Pid.B/2021/PN Bil which uses a crown witness is in accordance with the provisions of the Criminal Procedure Code. Based on the evidence submitted by the public prosecutor which was strengthened by the testimony of the crown witness, the judge was convinced that the criminal act had actually occurred and the defendant was the one guilty of committing it. The use of crown witnesses in this case was able to facilitate the judge in imposing punishment on the defendant who helped commit premeditated murder.Keywords: Crown Witness; Evidence; Judge's Consideration]]>
<![CDATA[ANALISIS PERTIMBANGAN HAKIM DALAM MEMUTUS PERKARA TINDAK PIDANA KESEHATAN (STUDI PUTUSAN NOMOR 14/PID.SUS/2021/PN PTI) ]]>
<![CDATA[Ana Pristiwijayani]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 11, No 3: 2023 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v11i3.73101
<![CDATA[Abstract: The research conducted by the author aims to determine the consider of judges in a rule deciding criminal cases by deliberately producing or distributing pharmaceutical preparations without a marketing license and the consider (verdict study Number: 14/Pid.Sus/2022 / PN Pti). This type of legal research is normative legal research and prescriptive and applied. The research approach uses a case approach. Legal materials used include primary and secondary legal materials. The technique of collecting legal materials used is the study of literature. The analysis used is syllogism deduction. Based on the results of the study showed that, first, the position of pharmacologists compared to other evidence is the same as long as the conditions as valid evidence are met. Second, the consideration of the District Court judge in examining and deciding the criminal case by the defendant Ahmad Nur Muchlisin is following Article 183 of the Criminal Procedure Code because it has met at least two valid pieces of evidence, and the pharmacologist's statement does not have a binding evidentiary force value. Keywords: Health Crimes; Trihexyphenidyl; Evidence; Judge’s Consideration]]>
<![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]]>
