ANALISIS YURIDIS NOVUM SEBAGAI ALASAN UPAYA HUKUM PENINJAUAN KEMBALI OLEH TERPIDANA TINDAK PIDANA KORUPSI (StudiPutusanNomor 49 PK/Pid.Sus/2019)

Abstract

Novum is regulated in Article 67 and Article 69 of Law of the Republic of Indonesia Number 14 of 1985 concerning the Supreme Court. An example of a case using novum as a legal remedy for reconsideration is case number 49 PK / Pid.Sus / 2019. The research objectives: (1) to determine the position of the novum in decision number 49 PK / Pid.Sus / 2019, (2) to find out the judge's consideration of canceling his decision on decision number 49 PK / Pid.Sus / 2019. This type of research is normative juridical; source of data obtained from secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials; data collection techniques with document study; the data obtained were analyzed qualitatively. The conclusions of the research results: (1) Novum in his research is the Decision of the Supreme Court of the Republic of Indonesia in Criminal Case Number: 777 / K / PID.SUS / 2012 on the defendant S.AM. Novum's position on the PK of the convict M.SA became the basis for the Supreme Court judge to cancel his decision on the cassation decision from 10 years to 5 years in prison. (2) The judges' considerations in making the decision number 49 PK / Pid.Sus / 2019 included, among others, juridical and non-juridical considerations.