Karya Ilmiah

DISERTASI (336) - Upaya Hukum Peninjauan Kembali Oleh Jaksa Terhadap Putusan Pidana Yang Tidak Dapat Dilaksanakan Demi Mewujudkan Keadilan Dan Kepastian Hukum

---

The implementation of court decisions that have permanent legal force in the
criminal justice system is carried out by the Prosecutor. In practice, there are
decisions in criminal cases that cannot be implemented by the Prosecutor which
causes the handling of cases to be incomplete and contrary to the litis finiri oportet
principle (every case must have a final settlement). For this reason, it is necessary
to arrange legal remedies for the Prosecutor. This study aims to find out the nature
of the possibility of prosecutors submitting legal remedies for judge decision review
(Peninjauan Kembali) of criminal decisions that cannot be implemented through the
judicial review instrument in the interest of law so as to achieve justiceand legal
certainty.
This study uses a normative juridical methodology with a statutory
approach, a conceptual approach, and a case approach. This study focuses on the
nature of filing a judge decision review by the Prosecutor of a criminal decision that
cannot be implemented. In addition, it examines the concept of regulatinglegal
remedies for judge decision review by prosecutors of criminal decisions that cannot
be implemented in order to realize justice and legal certainty.
It is permissible for the Prosecutor to file a judge decision review against a
criminal decision that cannot be implemented to provide justice for the parties
concerned or the litigants in this case are the Prosecutor, because the limitation of
filing a judge decision review that may only be carried out by the convict or his heirs
has been closing the space for the fulfillment of a sense of justice for justice seekers
(justiciabelen). In addition, to realize legal certainty (rechts zekerheids), which is to
prevent any case handling from being protracted because every case must have a
final settlement. The concept of regulating legal remedies for judicial review by the
Prosecutor of criminal decisions that cannot be carried out in the context of realizing
justice and legal certainty is through the instrument of judge decision review for
legal interest which is limited in nature, that is, it cannot be submitted related to
punishment (straafmat) in order to protect the interests of the convict or his heirs but
can only be submitted related to the status of evidence.

Keywords : Judge Decision Review; Prosecutor; Criminal Decision That Cannot
Be Implemented; Justice and Legal Certainty;

---

Ketersediaan

031527017307

336 Ali u

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

-

No. Panggil

336 Ali u

Penerbit

Surabaya : Fakultas Hukum Unair., 2021

Deskripsi Fisik

-

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

NONE

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

PUTUSAN PIDANA

Info Detail Spesifik

-

Pernyataan Tanggungjawab

-

Versi lain/terkait

Lampiran Berkas

Komentar

---

Anda harus masuk sebelum memberikan komentar