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[Pertimbangan Hakim Dalam Menjatuhkan Putusan Yang Menyatakan Tuntutan Penuntut Umum Tidak Dapat Diterima Serta Upaya Hukumnya Dalam Perkara Penganiayaan ]]>
<![CDATA[Valtala Leifyumna Jauza]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33414
<![CDATA[ Public interest is frequently impinged by someone in social life , to evoke feel safe and justice in society, we need the existence of process to handle someone bothering the importance. The Conference Process is the last process in its solution, which product is in the form of Verdict. Sometimes Decision which released by Judge unlike what asked by Public Procecutor in its Libel. In this case, the defendant accidentally hit Ricky with a block of wood which caused them had a fight. Ricky got injured and felt it was inappropriate so he couldn’t accept that. He immediately reported to the local police station and then do the visum . after that, the trial had been done with regular events. The purpose of this research is to determine Judge’s legal considerations that made the Verdict states Public Procecutor’s libel is not acceptable. This research shows that case Number Nomor 103/Pid/2014/ PN Wno is misdemeanor, which means its litigation should not be done with regular session because it is contrast with applicable laws. Keywords: Conference, Public Prosecutor, Unacceptable Libel ]]>
<![CDATA[Analisis Pembuktian Dan Pertimbangan Hakim Dalam Putusan Yang Menyatakan Bebas Dari Segala Dakwaan Dalam Perkara Korupsi ]]>
<![CDATA[Nur Rohadi]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33446
<![CDATA[This research aims to: 1) analyzes the process of proof in the criminal offence of corruption is already in compliance with the principles of the Law The Crime Of Corruption and the KUHAP. 2) analyzes the basic consideration of judges in meting out the verdict declaring the accused free of all claims in the case already in accordance with article 183 jo Article 191 paragraph (1) of the KUHAP. Based on the results of research and discussion, researchers conclude that: the process of proof in the criminal acts of corruption in the ruling of the No.78/Pid. Sus/2011/PN-Tipikor-Smg is based on the instruments of evidence submitted in the trial courts. The implications of information experts on corruption trial loan BPR Djoko Tingkir Sragen significantly to prove the charges by the public prosecutor, as evidenced by the description used by experts who break the juridical construction the public prosecutor so that the prosecution had not met primair and prosecuted with charges of subsidair. Keywords: Proving The Crime of Corruption, Non Ruling]]>
<![CDATA[Argumentasi Penuntut Umum Mengajukan Kasasi Terhadap Putusan Bebas Pengadilan Negeri Yogyakarta Dalam Tindak Pidana Perbuatan Merugikan Pemiutang ]]>
<![CDATA[Amalia Faturrahmah Adiwana]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33404
<![CDATA[ This study aims to determine whether the reason for cassation by the prosecutor in the case of acts detrimental creditor has been in accordance with the provisions of Article 253 the Code of Criminal Procedure and whether the consideration of the judges of the Supreme Court in deciding the appeal inaccordance with the provisions of Article 256 in conjunction with Article 193 paragraph (1) The Book of the Law of Criminal Procedure. This study is a normative legal perskriptif, using a case approach. Based on the results of this study concluded that the public prosecutor's arguments in accordance with article 253 Criminal Procedure Code and the consideration of the judges of the Supreme Court in deciding the case in accordance with the provisions of Article 256 in conjunction with Article 193 of the Criminal Procedure Code. Keywords: Remedy of Cassation, acts detrimental creditor, Supreme Courtdecisions.]]>
<![CDATA[Peran Alat Bukti Keterangan Ahli Dalam Perkara Tindak Pidana Menyimpan Rupiah Palsu ]]>
<![CDATA[Hanum Hapsari]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33436
<![CDATA[ Research aims to determine the role evidence of expert evidence and the implications for consideration the judge of surakarta district court in examining and deciding the case as stated in verdict number: 22/Pid.Sus./2015/PN.Skt. The method used the normative law research. Sources of law materials used the primary law and secondary law materials. Based on verdict number: 22/Pid.Sus./2015/PN.Skt. in criminal act case of saving fake Rupiahs with ANDREA DEDY WAHYONO Alias DEDY as defendant, to prove defendant’s fault, Prosecutor presented NAUFAL NOVALIES ASKHA from Bank Indonesia (BI) as an expert in Rupiahs currency. The role of evidence of expert evidence against criminal act case saving fake Rupiahs is necessary to made a case clear and obtained a conviction for the judge in deciding a case. Consideration Surakarta district court judge against expert evidence in criminal act case saving fake Rupiahs that has probative value and therefore evidence expert evidence Rupiah associated with other evidence in accordance with valid evidence according to article 184, paragraph (1) of Criminal Procedure Code establish a conviction for the judge in examining and deciding the case. Experts giving description based on the capability and knowledge which it owns and can be used as consideration for the judge to make a decision. judges are not bound as well as independent to evaluate the expert evidence. Keywords: Evidence, Expert Evidence, Fake Rupiahs.]]>
<![CDATA[Tinjauan Tentang Pengajuan Kasasi Penuntut Umum Atas Dasar Tidak Diterapkannya Hukum Sebagaimana Mestinya Oleh Judex Factie Dalam Perkara Pencucian Uang ]]>
<![CDATA[Kristian, Otniel Yustisia]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
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DOI: 10.20961/jv.v5i1.33426
<![CDATA[      Reviewing the case of money laundering were done collectively together by The Defendants Raden Mas Johanes Sarwono, S.H., Ir. Stefanus Farok Nurtjahja, and Umar Muchsin, The Panel of Judges in Jakarta Pusat District Court has made decision that stated The Defendants be clear from all demands. In its consideration, Judex Factie stated that the actions of The Defendants is civil actions on the basis of agreements as the ties between them. And then, The Public Prosecutor filling Cassation to The Supreme Court with reason Judex Factie did Not Apply The Law As It Should Be. In The Memory of Cassation, The Public Prosecutor argued that the agreement only as a basic justification for The Defendants to commit the crimes. Based on the description, The Author is interested to review The Supreme Court Number: 535K/Pid.Sus/2014 to determine whether the filing Cassation from The Public Prosecutor with reason Judex Factie Did Not Apply The Law As It Should Be in the case of money laundering is in conformity with the provisions of Article 253 Criminal Procedure Code. The types of research is doctrinal legal research, with research approach is case approach, and the law materials analysis techniques is using legal reasoning by deduction. Based on research by the author, the author found result that the filling Cassation from The Public Prosecutor with reason Judex Factie Did Not Apply The Law as it should be in the case of money laundering is conformable with the provisions of Article 253 Criminal Procedure Code. In this case Judex Factie had misapplied the law by ignoring the legal facts that revealed at the court.       Keywords: The Filing Cassation From The Public Prosecutor, Failure To Apply The Law As It Should Be, Judex Factie, Money Laundering]]>
<![CDATA[Gugatan Citizen Lawsuit Dalam Perkara Kemacetan Di DKI Jakarta ]]>
<![CDATA[Safar, Ahmad]]>;
<![CDATA[-, Harjono, S.H., M.H]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33416
<![CDATA[    This research aims to detemine the elements be strewn with that a lawsuit congestion case in DKI Jakarta can be described as Citizen Lawsuit. This research is normative research or doctrinal research which is prescriptive with case approach. This research uses and sources materials consisting of primary and secondary. The technique of collecting legal materials in this research is done by document study. The analysis technique of legal materials in the research is use the method of syllogism by using inductive mindset. Citizen Lawsuit is claim or demand from citizen for public interest by way submit th suit to the court for sue that the government do law enforcement mendatory or for restore public liability happens. Citizen Lawsuit unknown in civil law system as apllied in Indonesia and Citizen Lawsuit is different with the ordinary civil suit, it can be seen from the elements’s Citizen Lawsuit. The elements be strewn with that a lawsuit can be described as citizen lawsuit are submitted by every person or every citizen, grounded on the public interest, the existence of the act against the law and do not demand compensation in the form of money, where elements such has been met in lawsuit of congestion case in DKI Jakarta.      Keyword: Citizen Lawsuit, Congestion]]>
<![CDATA[Penerapan Asas Unus Testis Nullus Testis Oleh Hakim Dalam Membebaskan Terdakwa Dari Dakwaan Dan Upaya Hukumnya Oleh Jaksa ]]>
<![CDATA[Rosadi, Rinaldi Yushar]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33448
<![CDATA[       This research is conducted to determine whether the application of the unus testis nullus testis principle by the judges of Pengadilan negeri Menggala in the exemption of the accused from the charges of statutory rape and the legal remedies taken by the prosecutor is according to the principles of KUHAP or not.       As a legal research, this article is categorized as the normative legal research or doctrinal legal research. The approach used in this research is case approach. Legal Information used for this research are gathered by reading and studying documents, articles, and other literatures that contains the information regarding the case.       The result from the research shows that the usage of unus testis nullus testis principle by the judges of Pengadilan Negeri Menggala contradicted with the principles of KUHAP, the research shows that the testimony of the victim did not stand by its own. The judges declare that the other witnesses’ testimony that supported the victim’s testimony as irrelevant, even though the other witnesses’ testimony contains a clue to the case. The judges also disregard the visum et repertum that is also support the victim’s testimony. The research also shows that the legal remedies taken by the prosecutor is also contradicted with KUHAP principles, especially Article 244 which clearly said that cassation cannot be applied to acquittal, but that kind of action is taken for the good of the law itself.Keywords: Cassation, Unus Testis Nullus Testis Principle, Statutory Rape Crime]]>
<![CDATA[Pembuktian Dakwaan Alternatif Penuntut Umum Pada Tindak Pidana Penipuan ]]>
<![CDATA[Chandra Adi Mauli]]>;
<![CDATA[Kristiyadi, S,H., M.Hum -]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33410
<![CDATA[ This study aims to find evidence that the prosecution used as an attempt to prove the charges in alternative forms of criminal fraud by Article 184 Criminal Procedure Code. In March 2013, the witness and the witness Sarinah Nardi Marfu'ah Anis came to Untung Abadi Motor Dealer in the Karanganyar belongs to the defendant with the intention of buying a second car. The defendant speaks the words that the witness Nardi buy a new car just arguing with a new second car was not much, and buy a new car discount is much (promo) and drawbacks can witness Nardi pay later gradually. After hearing the words of the defendant tesebut witness Nardi interested in buying goods in the form of 1 (one) unit KBM price of Rp 163 million, - (one hundred and sixty-three million rupiah). Witness Nardi make the payment to the defendant gradually, but after six (6) months BPKB car has not been so. Witness Nardi several times asking BPKB the car to the defendant and the answer is not so, then the month of December 2013 there are officers leasing claimed from Andalan Finance, told the witness Nardi otherwise pay arrears cars, witnesses Nardi will be withdrawn he said terlambar installments, whereas the witness Nardi meleasing not the car. Based on that witness Nardi had been deceived by the defendant. This type of research that I use is a normative legal research, which was conducted by examining the legal materials consisting of primary legal materials and secondary law. In this study, the authors wanted to know the position of legal review relevant Minutes of committing a criminal act of fraud (Study Surakarta District Court's Decision No.84 / Pid.B / 2015 / PN.SKT) RESULTS: Evidence filed by the Public Prosecutor against the decision of escape from all charges in the case No.84 / Pid.B / 2015 / PN.SKT. Really guilty and proven against the law, and in violation of Article 184 Criminal Procedure Code. Keywords: Decision Prison, Alternative Indictment, an offense Fraud.]]>
<![CDATA[Kesesuaian Pengajuan Kasasi Atas Dasar Judex Facti Salah Menerapkan Hukum Dalam Perkara Narkotika Oleh Anggota Militer ]]>
<![CDATA[Bhertty Chris Yudiasningrum]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33432
<![CDATA[ This research aims to determine the suitability of the appeal on the basis misapplied the law in the case of narcotics by members of the military by Act No. 31 of 1997 on Military Justice. The method used is a normative legal research prescriptive and applied. The approach used is a case approach. Sources of legal materials used are primary and secondary legal materials, with materials analysis techniques that are legal syllogism deductive method. Cases of drug abuse conducted by Mustafa Kamal who is a member of the military has been in Decision Military Court I-03 Padang No. 124-K / PM-I-03 / AD / XII / 2013 sentenced pidan imprisonment of 1 (one) year and criminal additional fired from military duty. Appealed against the decision which is then severed by the High Military Court Decision I Field Number: 108-K / PMT-I / BDG / AD / X / 2014 that it upheld the verdict in advance. The defendant Mustafa Kamal then apply for an appeal against the decision on the grounds judex facti misapplied the law. The appeal by Defendant Mustafa Kamal was received by the Supreme Court and the Supreme Court Decision No. 88K / MIL / 2015 canceled the previous decision. Based on the study it can be concluded on the basis of appeals misapplied the law in accordance with the provisions of Article 239 of Law No. 31 of 1997. Thus, on the basis of appeals misapplied the law is acceptable. Keywords: Cassation, Narcotic, Military Members]]>
<![CDATA[Analisis Kekeliruan Judex Factie Menilai Keterangan Saksi Sebagai Saksi Testimonium De Auditu Yang Menjadi Dasar Pengajuan Kasasi Oleh Penuntut Umum ]]>
<![CDATA[Aninda Diah Rahmawati]]>;
<![CDATA[Sri Wahyuningsih Yulianti, S,H., M.H]]>
<![CDATA[ Verstek Vol 5, No 1 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i1.33422
<![CDATA[ Case reviewed in Supreme Court Verdict Number : 493 K/Pid/2014 constitute case of persecution conducted colletively by the Defendant I and Defendant II. Public Prosecutor filed an appeal by excuse of Judex Factie are not implement or not implemented laws properly and Council of Bulukumba District Court Judges does not consider facts and circumstances, as well as evidence obtained from the examination in court regarding statements of witness by Irwan considered as a wittness Testimonials de Auditu. Results of research that Public Prosecutor an appeal excuse in accordance with Article 253 of Criminal Procedure Code. Judex Factie are not implemented the law properly. Judex Factie mistakenly in assessment statements of witness by Irwan as a wittness Testimonials de Auditu. Consideration of Supreme Court judges cancelled the verdict because Judex Factie considers mistakenly implemented the law to conduct incorrect assessment on statements the witness by Irwan. Supreme Court cancelled the Verdict of Bulukumba District Court Number : 84/Pid.B/2013/PN.BLK and prosecute themselves in Verdict Number : 493 K/Pid/2014. Supreme Court considered that the witness statements by Irwan are lawful according to Criminal Procedure Code, and Supreme Court decided that Defendant I convicted legally and convincingly to persecution collectively according to the indictment of Public Prosecutor Article 351 Paragraph (1) in conjunction with Article 55 Paragraph (1) of Criminal Code first book. Keyword : Cassation, Testimonials de Auditu, Persecution Collectively ]]>
