Legal Problems of Authority of Effort Review By The Prosecutor Of The Judge's Decision (Research Study at the Lingga District Attorney's Office)

Abstract

Abstract. Article 263 paragraph 1 of the Criminal Procedure Code is the basis for filing a judicial review, which emphasizes that extraordinary legal remedies can be filed with the Supreme Court against a court decision that has permanent legal force. Furthermore, paragraph 2 emphasizes that only the defendant or his heirs can file a judicial review. The implied meaning of this article is that the prosecutor can file a judicial review against an acquittal. There are differences in interpretation of the judicial review by the public prosecutor, which has given rise to a debate between the pursuit of justice and the achievement of legal certainty. This phenomenon is feared to have implications for disrupting the balance between the justice process and legal certainty as the goal of law. The aim of this research is to determine and analyze (1) the nature of judicial review efforts in the Indonesian criminal procedural law system, (2) the position of the Public Prosecutor in his authority to submit a judicial review of a judge's decision from a legal perspective, (3) the concept of achieving legal certainty in judicial review efforts by the Public Prosecutor in the future. The approach used in this research is sociological juridical. The research specifications are descriptive and analytical. Based on the results of the research and discussion, it can be concluded: (1) Judicial review in criminal cases is regulated in Article 263 of the Criminal Procedure Code which stipulates in Paragraph 1 that for court decisions that have obtained permanent legal force, except for decisions of acquittal or release from all legal charges, the convict or his heirs can submit a request for judicial review to the Supreme Court; (2) Constitutional Court Decision Number: 33/PUU-XIV/2016 confirms that the Public Prosecutor cannot submit an extraordinary legal remedy in the form of a Judicial Review. Judicial review of the provisions of Article 263 Paragraph 1 of Law Number 8 of 1981 concerning Criminal Procedure Law is due to the applicant's loss due to the enactment of the provisions of Article 263 Paragraph 1 of Law Number 8 of 1981 concerning Criminal Procedure Law; (3) The Prosecutor's authority to submit a Judicial Review is required as a last resort in law enforcement to protect the public interest. This authority is required in cases that are classified as extraordinary crimes and are detrimental to the public interest, such as corruption.