Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Jurnal Hukum Lex Generalis
Syamsuyar, Khairul Umam
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Pembatasan Upaya Hukum Peninjuan Kembali di Jerman dan di Indonesia Negara, Dharma Setiawan; Susilo, Erwin; Syamsuyar, Khairul Umam
Jurnal Hukum Lex Generalis Vol 6 No 1 (2025): Tema Hukum Internasional dan Perbandingan Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i1.1242

Abstract

Judicial review (PK) is an extraordinary legal effort that allows criminal cases to be reopened even though they already have permanent legal force (res judicata). This mechanism aims to correct judicial errors that can occur due to novum, judge's error, or conflicting decisions. However, in the Indonesian legal system, PK can only be submitted by the convict or his heirs, which has given rise to debate regarding limited access to justice. This study highlights the relevance and implications of these limitations and compares them with legal systems in other countries, such as Germany, which implements the Wiederaufnahme des Verfahrens mechanism in the Strafprozessordnung (StPO). Through comparative analysis, it was found that the Indonesian legal system still has normative ambiguity in determining the limits of judge error and the category of novum that can be used as the basis for a PK. This study proposes a reformulation of the PK concept that is more inclusive, by expanding the subjects who have the right to apply for a PK not only limited to the convict or his heirs, but also other parties who have legal interests. In addition, stricter regulations are needed regarding the limits of judge error and the validity of the novum, as implemented in Article 359 of the German StPO.
Co-Authors Negara, Dharma Setiawan Susilo, Erwin