The Essence of Regulation and Dynamics of Submission of Judicial Review in Criminal Cases in Indonesia and Phenomena in Cases of Criminal Acts of Corruption

DOI

10.2991/assehr.k.211203.058How to use a DOI?

Keywords

Judicial Review; The Phenomenon in Corruption Cases

Abstract

The substance of the request for a judicial review of a court decision that has permanent legal force for justice seekers is an extraordinary legal remedy. Currently, the discussion regarding the matter is still often a matter of standard logistics. It has been regulated by the umbrella of proceedings in criminal justice, namely in Chapter XVIII, Article 263 to Article 268 of Law No. 8 the Year 1981 of Criminal Procedure Code. However, the dynamics of the development of practice have shifted and even deviated from the existing regulations. In principle, the judicial review effort of the convict or their heirs is a right, and according to the legal function, it is an effort to control the previous court decision. The applicant needs to provide reasons, such as new evidence (novum), in various decisions, there are contradictions, errors, or mistakes by the judge in deciding the case before. The dynamics in review efforts often deviate from formal legalities, such as the one being submitted more than one time. In this regard, the problem to be studied in this paper is the philosophical essence of the conception of judicial review efforts, the regulation of judicial review efforts in Indonesian law enforcement, and the dynamics of judicial review efforts in Indonesian law enforcement. Based on these issues, normative legal research is conducted with the aim that solutions can be discovered to solve the issues. Conclusions can be drawn by studying and analyzing the relevant theoretical foundations and conceptual frameworks. It was found that the philosophical essence of the concept of legal remedies being carried out is as a right of every justice seeker; the arrangement of legal remedies to be carried out in the Criminal Procedure Code has been regulated in a limited manner, and the dynamics of the regulation and implementation of judicial review efforts have changed and developed to give rise to disagreements according to the arguments of each party. In addition, this cross of opinion is used by convicts of corruption cases to file for reconsideration more than once.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Josep Robert Khuana
PY  - 2021
DA  - 2021/12/03
TI  - The Essence of Regulation and Dynamics of Submission of Judicial Review in Criminal Cases in Indonesia and Phenomena in Cases of Criminal Acts of Corruption
BT  - Proceedings of the 2nd International Conference on Business Law and Local Wisdom in Tourism (ICBLT 2021)
PB  - Atlantis Press
SP  - 258
EP  - 262
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211203.058
DO  - 10.2991/assehr.k.211203.058
ID  - Khuana2021
ER  -