Juridical Analysis of Constitutional Court Decision Number 20/PUU-XXI/2023 Concerning Judicial Review by the Prosecutor's Office in Criminal Cases in Indonesia
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 04
Abstract
In the practice of criminal justice in Indonesia, judicial review efforts are an interesting problem to study because, in the development phase, there is a tug-of-war of interests between the defendant or his heirs and the public prosecutor. The presence of Constitutional Court Decision Number 20/PUU-XXI/2023 ends the debate and legal uncertainty for justice seekers. In this research, the author used a normative juridical approach. The approaches used were the Law approach, Case Approach, and Conceptual Approach. There are several problem formulations in this research: 1) what is the rationale for the decision of the Constitutional Court Number 20/PUU-XXI/2023?; 2) What are the arrangements for judicial review after the Constitutional Court decision Number 20/PUU-XXI/2023. Research Results of problem formulation number 1). According to the Court's consideration, requests for judicial review in criminal cases are the right of the defendant and his heirs, and the addition of the authority of the prosecutor to carry out judicial review efforts does not provide legal certainty and justice. Previously, the court in 2016 decided on a case regarding judicial review efforts, in which the court considered that the essence of a judicial review is the rights of the defendant and his heirs. 2) After the Constitutional Court Decision Number 20/PUU-XXI/2023, the public prosecutor cannot submit a judicial review effort in a criminal case; legally, when the prosecutor makes a judicial review effort in a criminal case, it is invalid/abash. With the decision of the Constitutional Court number 20/PUU-XXI/2023, it is reaffirmed that only the defendant and his heirs can submit a judicial review effort.
Authors and Affiliations
Aldi Yudistira, Umi Rozah
Keywords
Related Articles
- EP ID EP734212
- DOI 10.47191/ijsshr/v7-i04-30
- Views 105
- Downloads 0
Spatial Analysis of Agricultural Investment in the Desert Of Muthanna Governorate for 2023.
In nearly every nation on the planet, agriculture has an essential function and holds a prominent political and economic position, regardless of the prevailing monetary and political systems. Present-day monetary and pol...
A Lowdown on Gender-Lag in the Moroccan Society: The Road Ahead
Women’s social and political rights have invariably been a focal point of discussion and debate in academic and political encounters. Currently, the issue of women’s rights, far from being a third-rail issue, is an extre...
Challenges of Values Education Teachers in Teaching Edukasyon Sa Pagpapakatao (ESP) In The Secondary
Education is crucial in influencing how people think, act, and value things. Edukasyon sa Pagpapakatao (ESP), which aims to help students develop their ethical and moral values, is one of the key elements of the secondar...
Vocational Training for Rural Labor in Ensuring Social Security in Vietnam: Theoretical and Practical Issues
The increasing importance of vocational training for rural workers reflects the ongoing transformation of Vietnam's agriculture from small-scale, subsistence farming reliant on natural conditions to a modern, large-scale...
Public High School Web-Based Attendance Monitoring System with SMS Notification
This study put emphasis on the improvement of the current system used in Estancia National High School for the class advisers, subject teachers, and 4P’s Coordinator for the easy viewing and monitoring student’s attendan...