JUDICIAL REVIEW VERDICT ON CRIMINAL LAW CASE NUMBER 1826 K / PID / 2008 CONCERNING CRIMINAL CASE OF SPORADIC FORGERY

Authors

  • Mukhlis, Uning Pratim, Maiyestati.

Abstract

Abstract
In the Indonesian Criminal Justice system, retrial can be carried out by the convict or his
heir by submitting a request for reconsideration to the Supreme Court, in accordance with
the purpose of article 263 Paragraph (1) of the Criminal Procedure Code, provided that
the decision handed down by the Court must have had permanent legal force. One of the
reasons convicted Syafarudin Bin Nurdin filed a judicial reviewto the Supreme Court was
the discovery of new evidence (novum). Formulation of the problem: (1) What is the
reason for filing a Judicial Review of Criminal Case Number 1826 K / PID / 2008? (2).
Does the Judge's consideration in criminal case Number 1826 K / PID / 2008 meet the
sense of legal justice? This study used legal material, then analyzed qualitatively, then the
legal material as carried out with qualitative analyzed. It can be concluded that (1). The
reason for convicted Syafarudin Bin Nurdin filed a Judicial Review is finding new
evidence (novum) in the form of a peacement letter dated October 3, 2005, and the new
evidence was found after the case was decided by the court (2). Judge's consideration in
Criminal Case Number 1826 / PID / 2008 does not fulfill the sense of legal justice,
because with the publication of Sporadic regarding land ownership, it must first be tested
or verified by civil litigation.

Published

2019-11-17