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 97
- Downloads 0
Integrating Critical Thinking Skills in English Language Speaking Activities: A Study at the Banking Academy of Vietnam
This study explores the integration of critical thinking skills into English language speaking activities at the Banking Academy of Vietnam, aiming to assess both the current practices and the challenges faced by teacher...
The Impact of Covıd 19 on the Volatılıty of Stock Market Returns
With the support of a generalized autoregressive conditional heteroscedasticity model, this research experimentally examines the effect of COVID-19 on the volatility of stock prices in 3 different stock indexes. The anal...
The Relationship between Conformity and Lifestyle with Impulsive Buying in College Students in Doing Online Shopping
The evolution of time and technological developments has changed the lifestyle of society in the performance of all activities. There is an impact on individuals that makes them unrealistic in thinking and making decisio...
Hydrosense: A Hair-Based Absorption System for Heavy Metal Removal from Wastewater
This study explores the utilization of human hair as a biosorbent for the removal of heavy metals from wastewater, addressing critical ecological and health risks. We developed a filtration device named “Hydrosense,” whi...
An Analysis on the Influence of Instagram as Social Media towards Brand Image in Purchase Intention in PT Telkom Akses
Social media usage has been evolving since around the last 2 decades. Social media is a marketing tool that can have a huge reach that can transcend time, boundary or space. In a digital era that keeps evolving, social m...