The Reason of The Legal Term New on Revision (Review) as an Extraordinary Legal Remedy in The Criminal Legal System in Indonesia

Novum is one of the requirements for submitting a Judicial Review in accordance with Article 263 paragraph (2) letter a of the Criminal Procedure Code. However, in the practice of criminal law enforcement, there are various interpretations by legal officers, such as police, prosecutors, lawyers and judges. These differences in interpretation trigger legal uncertainty and result in irregularities in the criminal justice system. The research method used is a normative juridical research method. Furthermore, this research aims to provide an overview of the Ratio Legis from Novum in Judicial Review as an Extraordinary Legal Measure, with the aim of providing understanding, input and contribution of thought about what is meant by Novum. In general, the novum must have a very strong role or influence, or be decisive in being able to issue a decision of acquittal, free from all legal demands, the public prosecutor's demands cannot be accepted, or lighter criminal provisions are applied. In fact, the meaning of novum is broader than just 'new evidence' because it can be 'new valid evidence', 'new evidence', as well as 3 (three) reasons for requesting a PK as regulated in Article 263 paragraph (2) of the Criminal Procedure Code can also be called a novum.

Authors

Publication Details

Journal
Al-Jinayah Jurnal Hukum Pidana Islam
Published
2024-12-31
DOI
https://doi.org/10.15642/aj.2024.10.2.180-197
Citations
1
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
4.07
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article

The Reason of The Legal Term New on Revision (Review) as an Extraordinary Legal Remedy in The Criminal Legal System in Indonesia

R. Adam, Muhammad Rheza Ramadhan, Nazhif Ali Murtadho
1 citations
Al-Jinayah Jurnal Hukum Pidana Islam
Legal Studies and Policies
4.07
article

The Reason of The Legal Term New on Revision (Review) as an Extraordinary Legal Remedy in The Criminal Legal System in Indonesia

R. Adam, Muhammad Rheza Ramadhan, Nazhif Ali Murtadho
article en
1 citations

Abstract

Novum is one of the requirements for submitting a Judicial Review in accordance with Article 263 paragraph (2) letter a of the Criminal Procedure Code. However, in the practice of criminal law enforcement, there are various interpretations by legal officers, such as police, prosecutors, lawyers and judges. These differences in interpretation trigger legal uncertainty and result in irregularities in the criminal justice system. The research method used is a normative juridical research method. Furthermore, this research aims to provide an overview of the Ratio Legis from Novum in Judicial Review as an Extraordinary Legal Measure, with the aim of providing understanding, input and contribution of thought about what is meant by Novum. In general, the novum must have a very strong role or influence, or be decisive in being able to issue a decision of acquittal, free from all legal demands, the public prosecutor's demands cannot be accepted, or lighter criminal provisions are applied. In fact, the meaning of novum is broader than just 'new evidence' because it can be 'new valid evidence', 'new evidence', as well as 3 (three) reasons for requesting a PK as regulated in Article 263 paragraph (2) of the Criminal Procedure Code can also be called a novum.

Al-Jinayah Jurnal Hukum Pidana IslamVol. 10(2)
Openalex Percentile: Top 5%
Legal Studies and Policies
4.07
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The Reason of The Legal Term New on Revision (Review) as an Extraordinary Legal Remedy in The Criminal Legal System in Indonesia — R. Adam, Muhammad Rheza Ramadhan, et al. · Al-Jinayah Jurnal Hukum Pidana Islam (2024) | TGRS Research Map | TGRS