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All Journal Al-Jinayah: Jurnal Hukum Pidana Islam
Adam, Rama H.
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Law, Crime, Criminology & Criminal Justice

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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: Ratio Legis Istilah Novum pada Herziening (Peninjauan Kembali) sebagai Upaya Hukum Luar Biasa dalam Sistem Hukum Pidana di Indonesia Ali Murtadho, Nazhif; Ramadhan, Muhammad Galuh Pamungkas Wahyu; Adam, Rama H.
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 10 No. 2 (2024): December 2024
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2024.10.2.180-197

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.
Co-Authors Ali Murtadho, Nazhif Ramadhan, Muhammad Galuh Pamungkas Wahyu