Juridical Review towards The Reconsideration Legal Remedies by Public Prosecutors (Study Case: Joko Soegiarto Tjandra)

Abstract

Reconsideration in  Criminal Prosedure Code is one of extraordinary legal remedies set in  Criminal procedure article 263 until 269. Article 263 of Criminal procedure code has decided that against judicial decisions which has acquired permanent legal entity, but decisions free or off from all lawsuits, convict or heir can apply for reconsideration to the Supreme Court. So that, in theory reconsideration it was allocated to convict or heir.The purpose of writing this research was made to analyze decisions of the Supreme Court that accepts demand reconsideration by public prosecutors and analyze implication law inflicted after demand reconsideration by public prosecutors is accepted by the Supreme Court. Writing methods used by the writer is the method of analysis normative qualitative, normative because this research based on the rules existing as norm positive laws and related to the existing while qualitative because all the data prepared and served systematically, then analyzed in the form of describe by words, and not used calculation formulation or calcalculation. Based on the research results show the judge in the Supreme Court in consideration of the law implementing article 263 Criminal procedure code and article 21 the act 14 of 1970 that has now been replaced by the act 48 of 2009 with interpret parties concerned in criminal cases is of public prosecutors and convict as the party that can put forth effort legal remedies reconsideration. Implication law inflicted after legal remedies reconsideration of Prosecutor/Public Prosecutor received and granted by Supreme Court, has resulted in a number of the provision of article that was found in Criminal procedure code and other rules which is conflicting.