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[Alasan Permohonan Kasasi Oleh Penuntut Umum Terhadap Putusan Lepas Dari Segala Tuntutan Hukum Dalam Perkara Penipuan ]]>
<![CDATA[Ardhadedali Aulia Putri]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33478
<![CDATA[ The purpose of this research is to understand the reason of Prosecutor to apply a cassation and the consideration of the Supreme Court’s Judge in examine and judging the embezzlement case. The public prosecutor evaluate that the judge is wrong at judging the embezzlement case. Case reviewed at Supreme Court’s Verdict Number 251 K/ Pid/ 2015 was case of bedrog. The defendant gave offer for invest in her business and promise to give the profit about 4%. Yogyakarta District Court’s Judge evaluate the act that committed by the defendant is including civil sphere because the judge just examined the agreement, whereas since the beginning the defendant already had a bad faith when she asked for more fund with the reason that she didn’t have money for return the last fund. The agreement made since the second time, while on the first there was no agreement yet. The results showed that the public prosecutor uses alternative form of indictment with bedrog and embezzlement elements. The Judge of Yogyakarta District Court decided an onslag verdict on the basis of consideration that the defendant was right proven to do the act but it’s not a criminal act. The public prosecutor submit the cassation application with reasons that the judge didn’t watch the facts in court and ignore the argumentation. The public prosecutor’s reason in cassation application against onslag verdict in bedrog is that the law was not occurred necessarily and it’s consistent with the Article 253 of Criminal Codes Procedures about the reason of Cassation application. Consideration of the Supreme Court’s Judge in examine the cassation application for onslag verdict in bedrog is based on the facts on the court and the Article 256 juncto 193 of Criminal Codes Procedures about cassation. Keywords: Bedrog, Embezzlement, Cassation Reasons, Evidences, Consideration of The Judge.]]>
<![CDATA[Pemidanaan Korporasi Dalam Perkara Tindak Pidana Korupsi Dan Konsep Pertanggungjawabannya ]]>
<![CDATA[Mario Setyo Nugroho]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33468
<![CDATA[ This study aims to perceive coroporate criminal prosecution in a corruption case in the telecommunication sector and to discover the concept of corporate responsibility in Supreme Court verdict Number: 787 K/Pid.Sus/2014. At fisrt PT. IM2 as providers of services in carrying out its activities can only use the closed remain network. By simply using a closed remain network, PT. IM2 as providers of services network is not optimal in providing services to customers for a limited scope of services. Then to avoid ability to pay Up Front Fee and the Cost of Usage Right radio frequency band to the state, defendant as if cooperation network usage for broadband internet access but in fact unlawfully using the frequencies 2.1 GHz owned by PT. Indosat Tbk. The impact of the actions of the defendant has enriched PT. IM2 and PT. Indosat 1.483.991.195.970,00 and financially harm the country as much as Rp 1.358.343.346.674,00(One billion three hundred and fifty-eight billion three hundred and forty three million three hundred and forty six thousand six hundred and seventy-four rupiah). Based on the results of this study it can be concluded that the system of corporate criminal liability has reached the stage where corporations can commit a crime and be accountable. In sentencing a corporation known double track system which adopted two lanes of punishment, in the sense that in addition to the criminal may also be a variety of actions to the corporation as a maker or criminal. Keywords: corporate criminal prosecution, corruption]]>
<![CDATA[Peranan Penuntut Umum Dalam Menanggapi Indonesia Darurat Narkoba Sebagai Pihak Yang Melakukan Penuntutan Dan Mengajukan Upaya Hukum Demi Mencapai Tujuan Memberantas Narkoba ]]>
<![CDATA[Nike Dian Pertiwi]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33502
<![CDATA[ Cases of drug misuse is increasingly making Indonesia in emergencies drugs. Right now we can see now a lot of court decisions that impose criminal sanctions lightly against the criminal misuse of drugs. Suitability of sanctions imposed by the judge on the criminal misuse of drugs is dependent on proving through charges that are charged to the public prosecutor. In addition through the charges the prosecutor is also entitled to file legal action against a court decision which has not fulfilled a sense of justice. This study aims to determine the role of public prosecutors in Indonesia emergency response study drug through Yogyakarta High Court Decision No. 12 / PID.SUS / 2015 / PT YYK. Results from this study is the author knew the severity of the criminal sanction imposed by the judge depending on the demands formulated by the prosecution. Thus achieved whether or not the objectives of the Act No. 35 of 2009 and for dealing with emergency drug Indonesia, then the integrity of the prosecution should be further improved. This research is a normative law prescriptive approach to legislation, case approach and conceptual approaches. Sources and types of materials used law is the primary legal materials are supported secondary law. Keywords: the role of the public prosecutor, Indonesia emergency drugs, appeals.]]>
<![CDATA[Pertimbangan Judex Juris Mengabulkan Alasan Kasasi Terdakwa Dalam Perkara Penyalahgunaan Narkotika ]]>
<![CDATA[Nugroho, Dinar Agus]]>;
<![CDATA[Herdyanto., S.H., M.H, Edy]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33458
<![CDATA[     This research aim is to determine the suitability of consideration judex juris grant reason cassasion defendants in the case of narcotics by members of the military using the Act No. 31 of 1997 on Military Justice. The method used is a normative legal research prescriptive and applied, research with case approach. Sources of legal materials used are primary and secondary legal materials, with materials analysis techniques that are legal syllogism deductive method. Case of drug abuse conducted by Misman Sugianto who is a member of the military has been in Decision Military Court I-07 Balikpapan No. 20-K/PM I-07/AD/III/2014 sentenced penal imprisonment of 11 (eleven) months and fired from military duty. The appeal by Defendant Misman Sugianto was received by the Supreme Court and the Supreme Court Decision No. 25 K/MIL/2015 canceled the previous decision. Based on this study concluded that consideration of the cassation grounds judex juris grant the accused with Article 243 of Law No. 31 of 1997 on Military Justice in conjunction with Article 103 of Law No. 35 of 2009 on Narcotics because the judge considerate yuridist and non yuridist reasons.      Keywords: Cassation, Narcotic, Military Members]]>
<![CDATA[Pelaksanaan Eksekusi Putusan Serta Merta ]]>
<![CDATA[Anisa Astri Nuraheni]]>;
<![CDATA[Harjono, S.H., M.H -]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33492
<![CDATA[ This study describes and examines the procedure of uitvoerbarr bij voorrad execution. The obstacles that must be faced in uitvoerbarr bij voorrad on the decision number 08 / Pdt.G / PN.Pwr. This research is a descriptive of empirical legal research. The sources of data were collected from primary data source and secondary data source. The data collection through interviews and literature study. The technique of analyzing data is qualitative technique with interactive models. The results of the research showed that the Mr. GWH as a Plantiff proposed claim to Mr.KTB as a Defendant to Purworejo District Court. The object dispute as the land and buildings which located in Purworejo Village, Subdistrict of Purwrejo, Purworejo District, listed by name Mr. GLG an area of 374 m2. One of the injunctions stated that this decision can be implemented first, howefer there will be a common legal remedy as wel as extraordinary legal remedy. The procedures for uitvoerbarr bij voorrad execution is the consent of the Chairman of the High Court to carry out the uitvoerbarr bij voorrad execution, the Determination of the Chairman of the District Court to do aanmaning, admonition/ aanmaning, the promulgation of the execution order by the Chairman of the District Court, then the execution can be carried out with attended by two witnesses. In carrying out the uitvoerbarr bij voorrad execution of number 08 / Pdt.G / PN.Pwr, there were several obstacles, namely: the Respondent objected to the execution of the object dispute. There was a tension between the Registrar and the security services with the Respondent of execution, The Respondent of execution was not willing to leave the land with the house dispute. Keywords: Execution, uitvoerbarr bij voorrad]]>
<![CDATA[Tinjauan Tentang Pengajuan Kasasi Penuntut Umum Atas Dasar Judex Factie Keliru Menafsirkan Kerugian Negara Dalam Perkara Korupsi ]]>
<![CDATA[Sidabutar, Arinto Agustian]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33480
<![CDATA[      This study aimed to describe and assess whether the submission of Cassation public prosecutor by reason Judex factie erroneous of interpreting state losses in a corruption case in accordance with the provisions of Article 253 Criminal Procedure Code. This research is a normative legal research which is prescriptive with the approach of the case (case approach) that is done in a way conduct a review of cases which deals with the issues faced and has been a court decision who already have legally enforceable. Technique analysis of legal materials being used is to use legal reasoning with the deduction method.The research instrument is the Supreme Court Decision No. 1022 K / Pid.Sus / 2014. This case shows the misinterpretation of state losses by Judex factie in the ruling Medan District Court No. 80 / Pid.Sus.K / 2013 / PNMdn, Where which are supposed to calculate the loss of state is BPKP be based Article 23E paragraph (1) The Constitution of the Republic of Indonesia of 1945, Government Regulation No. 60 of 2008 and the Constitutional Court Decision No. 31 / PUU-X / 2012.The results of research by the author shows that the submission of Cassation Prosecutor General with reason Judex factie erroneous of interpreting state losses in a corruption case conformable with the provisions of Article 253 paragraph (1) letter a Criminal Procedure Code. In this case Judex Factie had misapplied the law or had not apply the law as it should be with ignore the facts revealed at the hearing thus erroneous of interpreting state losses. This resulted in Judex facti in dropping its decision not meet humanity and justice.       Keywords: Cassation, State Losses, The Criminal Procedure Code]]>
<![CDATA[Tinjauan Judex Factie Salah Menilai Alat Bukti Surat Baru Dalam Perkara Pembunuhan Menurut Pasal 339 KUHP ]]>
<![CDATA[Indra Kelana Putra]]>;
<![CDATA[Bambang Santoso, S.H., M.Hum]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33464
<![CDATA[ This research aims to determine the reason cassation prosecutor filed an appeal in compliance with the provisions of Article 253 Criminal Procedure Code on the grounds judex factie misjudge new documentary evidence and determine whether the judgment of the Supreme Court judges in deciding the public prosecutor's appeal in accordance with the provisions of Article 256 of the Criminal Procedure Code. This research takes the case in 2013 in Luwu Utara District, the criminal act of murder committed by Muh. Roynal, where the killings followed, accompanied or preceded by a criminal act committed with the intent to prepare or facilitate its implementation or to detach themselves and other participants in the case of criminal caught in the act, is a criminal offense under Article 339 Penal Code. Based on the results of research and discussion that is generated, the public prosecutor can prove the suitability of the reasons contained in Article 253 paragraph (1) Criminal Procedure Code, especially the letter a. The reasons for the appeal that has been described is described by the prosecutor in a murder case can be seen where the location of Judex factie had misjudged new documentary evidence, it can be seen where the location of Judex factie have erred and misapplied the law. It can be concluded also that the Supreme Court judgment in deciding cassation murder case under Section 339 Penal Code in accordance with Article 256 of the Criminal Procedure Code, with the consideration that the assessment tool by Judex factie new evidence must be disregarded. Keywords: Cassation, Judex facti, a new documentary evidence Tool]]>
<![CDATA[Dasar Pertimbangan Hakim Menerapkan Sanksi Pidana Penjara Dan Pelatihan Kerja Dalam Perkara Narkotika Dengan Pelaku Anak ]]>
<![CDATA[Khorisima Gusasih]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33498
<![CDATA[ This research aims to find out judgment of Judge of imprisonment and work training sanctions to Child on Narcotics Case already corresponding or not with KUHAP and Republic of Indonesia’s Act about Child Criminal Justice System. This case arose from the defendant caught carrying a drug package containing marijuana , which she got from someone with an unknown number and than this package will be taken by others . This caused the defendant punishable by imprisonment and job training . This study aims to determine what are and how the consideration of judges in imposing sanctions of imprisonment and job training use Case Verdict Number : 02/Pid.Sus.Anak/2014/PN.Kng. Already corresponding or not with KUHAP and Republic of Indonesia’s Act about Child Criminal Justice System. The conclusion of this study explain that in making the decision by the judge is in conformity with the reference to Article 183 KUHAP and Republic of Indonesia’s Act about Child Criminal Justice System with at least two items of evidence by Public Prosecutor in council which will create the instruction and legally proven guilty defendants violated Article 111 paragraph (1) of Republic of Indonesia’s Act Number 35 of 2009 about Narcotics, juridical facts, and non juridical facts, generate verdict of imprisonment verdict work training sanctions Keywords : authentication, narcotics, decision.]]>
<![CDATA[Urgensi Pembaharuan Pidana Penjara: Studi Komparatif Kitab Undang-Undang Hukum Pidana Indonesia Dan Thailand Criminal Code 1956 ]]>
<![CDATA[Andy Yanrudy Seconegoro]]>;
<![CDATA[Diana Lukitasari, S.H., M.H]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33454
<![CDATA[ Criminal law is general prevention which has a purpose to scare someone, so it will prevent a crime to happen to the convict as well as the public. Imprisonment appears as one of prevention. Implementation of imprisonment with correctional system, are not only intended to protect the public from the dangers of crime, but also giving enlightenment to other people so they can stay away from criminal act, therefore, it is necessary to study a comparison about imprisonment in Indonesia and Thailand. This is a normative research that used statute approach and comparative study. The result is that the imprisonment in Indonesia lack of community involvement, so that prisoners who have served their criminal past was not accepted back into the community and possible will repeat their actions. In contrast to Indonesia, in Thailand, with the involvement of the community in the correctional system make the prisoners feel welcomed back into society. Keywords : comparative law, imprisonment, Indonesia, Thailand, criminal code ]]>
<![CDATA[Kajian Yuridis Pengembalian Barang Bukti Oleh Judex Juris Dalam Perkara Pencurian Dengan Kekerasan ]]>
<![CDATA[Hangga Tri Aditya]]>
<![CDATA[ Verstek Vol 5, No 2 (2017) ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v5i2.33486
<![CDATA[ Research aims to examine and answer the conformity an appeal reasons by public prosecutor of the Criminal Procedure Code and Judex Juris consideration in granting an appeal application in thievery case with violence. Research method used normative law research prescriptive. Sources of law materials used primary law and secondary law, with law materials analysis technique use of syllogisms and interpretation by deductive pattern of thinking. Writer interested to examine a criminal thievery case with violence in Padanng and the name of the defendant is Syafrizal and Hendra Indrian Efanda. Them do the theft use Sumiati’s motorcyclei. Based on Padang District Superior Court's Verdict Number: 92/pid/2014/pt.pdg dated july 3, 2014 the district court upheld the Verdict number: 106/pid.b/2014/pn.pdg dated april 24, 2014 Verdict stated that the evidence Sumiati's motorcycle deprived belonging to the state. Public Prosecutor/ Prosecutor felt the regulations were applied as they should in the form of Verdict that the evidence deprived belonging to the state considered have implemented laws of evidence not as they should. An appeal reasons filed by Public Prosecutor regarding documentary evidence ownership of motor vehicles has been clearly revealed in examining trial at the Padang District Court. Keywords: Material Evidence, Public Prosecutor, Evidence, Thievery]]>
