The Authority of the Indonesian Public Prosecutor to Propose A Judicial Review

Abstract

Generally, practice in Indonesian judiciary system, court proceeding will finally be finished in Supreme Court level. However, Indonesian law permits the extraordinary legal effort of judicial review (peninjauan Kembali or herziening) with some circumstances. Article 263 of Indonesian Criminal Procedure Code (KUHAP) regulates that merely the convicted person or his/her heirs that can request the judicial review to the Supreme Court. Therefore, two problem formulations are presented in this study: what are the legal basis of submitting judicial review before the Court? and do the public prosecutors have the chance to request the judicial review before the Court?. With normative legal research this study analyzed the juridical basis of the judicial review under the Indonesian law. This study also applied the statutory approach and conceptual approach to provide comprehensive result analysis. This study also analyzed the possibility of the public prosecutor’s authority in submitting judicial review under the Indonesian law.