Review of Court Decision after the Constitutional Court of Indonesia Decision in Legal Certainty and Justice Perspectives

Abstract

The practice of the criminal justice system and in particular criminal procedure law has several problems which is a debate among jurists as well as legal practitioners.  This issue refers to the exercise of the convicted person rights in making a review of court decision. A review of court decision is a tremendous remedy that can be done after the decision has acquired the force of the law.  The establishment of a review of court decision institution in a criminal case rests on the principle of a review of court decision which is included in Article 263 paragraph (1) of the Criminal Procedure Code (KUHAP). In the filing of the review of court decision must be eligible if there are new circumstances (novum)  and where a verdict clearly indicates a judge’s oversight or a tangible mistake in accordance with Article 263 paragraph (2) of KUHAP. A review of court decision under Article 268 paragraph (3) of KUHAP can only be filed once, but in practice a review of court decision may be made several times. This is contained in the Constitutional Court Decision Number 34/PUU-XI/2013. Therefore it is important to do an analysis to be reviewed from legal certainty vis a vis justice. In addition, by allowing the review of court decision of more than one time, there must be juridical implications for the release of the decision.

Keywords: review of court decision, legal certainty, justice.