KEWENANGAN JAKSA MENGAJUKAN PENINJAUAN KEMBALI TERHADAP PUTUSAN YANG TELAH MEMPEROLEH KEKUATAN HUKUM TETAP DALAM SISTEM PERADILAN PIDANA
ABSTRACT: Reconsideration is
one of extraordinary law efforts, based Article 263 paragraph (1) Criminal
Procedure Code states that only the convicted person or his heirs can submit a
reconsideration. Fundamental philosophy of this states based on thatcountry has
miscarriage justice the civils who doesn’t to be sinful and can’trepaired by
the ordinary law efforts. But, in criminal justice practices, remedy reconsideration
may be filed by the public prosecutor. The purpose of this study, to determine
the urgency of the committee reconsideration in Indonesia, to determine the
meaning of fundamental philosofi in Article 263 Criminal Procedure Code to give
emphasis that only the convicted person or his heirs can submit a
reconsideration, to determine the Rights of the public prosecutor askingreconsideration
the decision of the judge who already have permanent legal force in positive
law’s Indonesia. This type of research is a normative legal research orcan
referred to as the doctrinal legal research. The results of this research is,
Theurgency of the committee reconsideration for enforced law to reach a justice
forthe convicted person or his heirs toward a decision of the judge who already
have permanent legal as one of efforts can be able to endure by the convicted
person or his heirs can submit a reconsideration, Article 263 paragraph (1)
Criminal Procedure Code to give emphasis that only the convicted person or his
heirs cansubmit a reconsideration as redeeming the contry sinful to the
convict, the Rights of the public prosecutor asking reconsideration in positive
law’s Indonesia there’s no a regulation about it and there’s no a prohibition
to do that.
Penulis: Rifdah Juniarti Hasmi
Kode Jurnal: jphukumdd160398
