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[TELAAH PERTIMBANGAN HAKIM DALAM PUTUSAN BEBAS TERDAKWA TINDAK PIDANA PENIPUAN (STUDI PUTUSAN NOMOR 799/PID.B/2021/PN JAMBI) ]]>
<![CDATA[Muhammad Dedy]]>;
<![CDATA[Bambang Santoso]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72440
<![CDATA[This article aims to examine and find out the suitability of the considerations of the judge who handed down an acquittal in a fraud crime case with article 183 in conjunction with article 191 paragraph (1) of the Criminal Procedure Code. This article uses normative or doctrinal legal methods that are prescriptive and applied. The approach used in this article is a case approach. The use of legal materials includes primary legal materials and secondary legal materials. The technique of collecting legal materials uses library research by collecting legal materials related to the problem to be studied. The law material analysis technique used is the syllogism method which uses a deductive mindset. Based on the results of the research and discussion, it shows that in Decision Number 799/Pid.B/2021/PN Jambi, the considerations of judges who handed down acquittals in cases of fraud were in accordance with Article 183 in conjunction with Article 191 paragraph (1) of the Criminal Procedure Code. This is because the Prosecutor's evidence is still very minimal through the evidence of witnesses and letters to find material truth in this case. In addition, based on the results of the examination at trial the Judge was of the opinion that the second and third elements of Article 378 of the Criminal Code in the Public Prosecutor's indictment were not legally fulfilled so that the Judge handed down an acquittal against the Defendant.Keyword: Judge's Consideration; Evidence; Acquittal Verdict; Fraud]]>
<![CDATA[KESESUAIAN PERTIMBANGAN HAKIM BANDING DALAM MEMUTUS PERKARA TINDAK PIDANA PENIPUAN DENGAN PASAL 241 KUHAP ]]>
<![CDATA[Neiska Aulia Marcela Sari]]>;
<![CDATA[Itok Dwi Kurniawan]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72296
<![CDATA[This research examines the problem whether the considerations of the panel of appellate judges that giving verdict of upheld the previous court’s decision to the defendant in case number : 237/Pid/2022/PT SMG in accordance with article 241 of The Criminal Procedure Code. Based on the result of the research and discussion it was concluded that the considerations of the panel of judges of appeal who examined and decided on the case in case number : 237/Pid/2022/PT SMG were accordance with article 241 of the Criminal Procedure Code. The judges stated that they strengthened the Klaten District Court Verdict Number : 41/Pid.B/2022/PN Kln which stated that the defendant Eko Prayitno bin Nyamin had been legally and convincingly proven guilty of commiting an act of fraud joinly.Keywords: Considerations of The Panel of Judges of Appeal, Criminal Acts of Fraud, Judge’s Decision]]>
<![CDATA[KEKUATAN ALAT BUKTI TESTIMONIUM DE AUDITU DALAM PEMBUKTIAN PERKARA GUGATAN PERCERAIAN ]]>
<![CDATA[Yeni Novitasari]]>;
<![CDATA[Harjono Harjono]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72572
<![CDATA[This article examines the strength of evidence of witness testimony de auditu in the case of a divorce lawsuit in Decision Number 110/Pdt.G/2020/PN Skt and Decision Number 82/Pdt.G/2021/PN Bln. The purpose of this article is to find out the strength of evidence of De Auditu's Testimonium Witness in the divorce lawsuit case in that Decision. Based on this research, the panel of judges based on the Jurisprudence of the Supreme Court Decision number 308 K/Pdt/1959 that testimony de auditu couldn’t be used as direct evidence but could be used as evidence of presumption (vermoeden), and as a basis for proving something. In addition, the Supreme Court in decision number 239 K/Sip/1973 justified de auditu testimony except as evidence that meets the material requirements if the witness gives testimony under oath, the statement is accepted as independent evidence reaching the minimum limit of proof without other evidence if the de auditu witness consists of several people. Although it is free proof, in this case the testimony of the witness is important so that the strength of evidence is decisive evidence because de auditu witnesses played a major role in the granting of the Plaintiff's claim. Keywords: Divorce; Evidence; Testimonium de Auditu]]>
<![CDATA[PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA DI BAWAH MINIMUM KHUSUS PERKARA NARKOTIKA: PUTUSAN NOMOR 215/PID.SUS/2020/PN.JTH ]]>
<![CDATA[Nurul Aulia Fitri]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72309
<![CDATA[This article aims to analyze the judge's considerations in imposing a sentence below the special minimum for narcotics crime cases by studying the decision of the Jantho District Court Number 215/Pid.Sus/2020/Jth which violates the special minimum criminal provisions in Law No.35 of 2009 concerning Narcotics. This research method is a prescriptive normative legal research with a case approach. Based on the research conducted by the author, it was found that in imposing a sentence below the special minimum in the narcotics crime case committed by T. Irfan, the judge made juridical and non-juridical considerations accompanied by the application of combined sentencing theory. This consideration is based on the fulfillment of the elements of the second alternative indictment, the fact that the purpose of possession of narcotics is for self-consumption, the provisions of the SEMA which accommodate the doubts of judges to then be able to commit deviations, and are based on the ability to be responsible, mitigating and aggravating things. The considerations in imposing the sentence are in accordance with legal objectives which are based on legal justice, legal benefits and legal certainty. From the results of this study it can be concluded that the use of articles regarding the possession and control of narcotics is irrelevant because they are always associated with the purpose of use and distribution which are regulated in different provisions so that these provisions seem ambiguous and need to be corrected.Keyword: Judge’s Consideration; Narcotics Crime; Special Minimum Punishment]]>
<![CDATA[PELAKSANAAN EKSEKUSI DENDA TILANG OLEH KEJAKSAAN NEGERI SURAKARTA ]]>
<![CDATA[Viona Damayanti]]>;
<![CDATA[Vincentius Patria Setyawan]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72606
<![CDATA[The Trial Process at the Surakarta District Court and the Execution of Fines for Traffic Violations by the Surakarta District Attorney can be described as follows: to receive payment of ticket fines by the convict who has obtained a decision from the District Court Judge where the trial of this traffic violation case is taking place. The Public Prosecutor was not present directly in the trial process because in principle the trial of this traffic violation case was a minor crime case and the proceedings were fast, and was only attended by a single judge, clerk/substitution clerk and the accused. After the convict receives a verdict from the court judge, he then pays a ticket fine and court costs in accordance with the judge's decision. For the special treasurer of the recipient/depositor, after receiving the Minutes of Submission of Fines and Case Fees and also containing an Order for Submission of Fines/Replacement Fines/and an amount of money for fines and case fees for traffic violations, this then deposits it in the designated state treasury, namely the Office of PT. POS INDONESIA Branch Surakarta or Bank BRI. Furthermore, the special treasurer who receives money for traffic violations and case fees for traffic violations makes a report in the form of a Non-Tax Deposit Letter (SSBP) as proof that the handling of traffic violation cases and all fine money for fines and case fees have been deposited to the state treasury.Keyword: Execution, Fines, Traffic Violations]]>
<![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[KAJIAN PENGGUNAAN PERLUASAN MAKNA KETERANGAN SAKSI PADA PERKARA PENGUASAAN NARKOTIKA DENGAN TERSANGKA MRP BIN P ]]>
<![CDATA[Tri Wahyu Wijanoko]]>;
<![CDATA[Arsyad Aldyan]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72431
<![CDATA[This research aims to investigate the use of Constitutional Court Decision Number 65/PUU-VIII/2010 as a legal basis for expanding the meaning of witness testimony in order to convict MRP Bin P, and to understand the reasons why expanding the meaning of witness testimony is necessary in this case. The research method used is doctrinal or normative legal research with a case study approach, and primary and secondary legal sources are collected through literature review techniques. The results of the study show that the lack of evidence in this case makes it difficult for investigators to prove the perpetrator's actions, and expanding the meaning of witness testimony is necessary to overcome this problem. Constitutional Court Decision Number 64/PUU-VIII/2010 provides an opportunity for arresting witnesses to prove the perpetrator's actions of possessing narcotics.Keywords: Narcotics; expansion of meaning; witness statement.]]>
<![CDATA[PEMBUKTIAN YANG DILAKUKAN PENUNTUT UMUM DALAM TINDAK PIDANA PERSETUBUHAN DENGAN ANAK ]]>
<![CDATA[Giovanny Andreana Christya]]>;
<![CDATA[Muhammad Rustamaji]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72261
<![CDATA[This study aims to analyze whether the evidence by the public prosecutor in the criminal case of sexual intercourse with a child based on Decision Number 37/Pid.Sus/2022/Pn.Krg is in accordance with Article 184 of the Criminal Procedure Code. This research is included in normative or doctrinal legal research that is prescriptive and applied. This study uses a case approach. In order to collect legal materials in this study, literature study techniques were used by collecting written information from legal materials, which consisted of primary legal materials and secondary legal materials. After obtaining the legal material, an analysis is carried out using the deductive syllogism method. The results of this study indicate that the evidence carried out by the public prosecutor is in accordance with Article 184 of the Criminal Procedure Code because it has submitted valid evidence according to law, namely witness statements, letters, statements of the defendant accompanied by supporting evidence to prove that the defendant is guilty of committing the crime of sexual intercourse with a child . This study aims to analyze whether the evidence by the public prosecutor in the criminal case of sexual intercourse with a child based on Decision Number 37/Pid.Sus/2022/Pn.Krg is in accordance with Article 184 of the Criminal Procedure Code. This research is included in normative or doctrinal legal research that is prescriptive and applied. This study uses a case approach. In order to collect legal materials in this study, literature study techniques were used by collecting written information from legal materials, which consisted of primary legal materials and secondary legal materials. After obtaining the legal material, an analysis is carried out using the deductive syllogism method. The results of this study indicate that the evidence carried out by the public prosecutor is in accordance with Article 184 of the Criminal Procedure Code because it has submitted valid evidence according to law, namely witness statements, letters, statements of the defendant accompanied by supporting evidence to prove that the defendant is guilty of committing the crime of sexual intercourse with a child.Keywords: evidence, child intercourse]]>
<![CDATA[RATIO DECIDENDI DALAM PUTUSAN REHABILITASI MEDIS TERHADAP PELAKU PENYALAHGUNAAN NARKOTIKA BAGI DIRI SENDIRI ]]>
<![CDATA[Gilang Rahadian Saputra]]>;
<![CDATA[Ismawati Septiningsih]]>
<![CDATA[ Verstek Vol 9, No 4: 2021 ]]>
Publisher : <![CDATA[Sebelas Maret University ]]>
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DOI: 10.20961/jv.v9i4.72439
<![CDATA[This article aims to analyze the judge's considerations in passing a decision on rehabilitation for perpetrators of Narcotics Abuse for Self Group I not plants, as well as the legal instruments that regulate it. This type of legal research is normative legal research. Based on the research it was found that to determine whether abusers can be rehabilitated or not is based on the characteristics and conditions of the perpetrators, in addition to determining the classification of abusers who can be rehabilitated judges need to pay attention to the Circular of the Supreme Court (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics addicts into Medical and Social Rehabilitation Institutions.Keywords: Narcotics Abuser; Medical Rehabilitation; Social Rehabilitation]]>
<![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]]>
