Reformasi Hukum Trisakti
Vol 8 No 1 (2026): Reformasi Hukum Trisakti

DISPARITAS PEMIDANAAN SEBAGAI DASAR ALASAN PENGAJUAN UPAYA HUKUM PENINJAUAN KEMBALI: Criminal Disparity as the Basis for Filing a Review Legal Remedy

Sandrina Aisha Devi (Unknown)
Setiyono (Unknown)



Article Info

Publish Date
01 Feb 2026

Abstract

The Indonesian criminal justice system aims to ensure justice and protection for convicts, one of which is through the legal remedy of Judicial Review (PK) as stipulated in the Criminal Procedure Code (KUHAP). The Criminal Procedure Code limits the grounds for Judicial Review to 3 (three) categories: the existence of new circumstances (novum), conflicting decisions, and judicial error/manifest error. However, it turns out that there is one Supreme Court Decision Number 270 PK/Pid.Sus/2020 based on the reason of disparity. The question is whether the legal difference in Supreme Court Decision Number 270 PK/Pid.Sus/2020 constitutes a judicial error/manifest error according to Article 263 of the Criminal Code. The researcher integrated normative legal research with qualitative descriptive analysis. The discussion and findings indicate that differences in sentencing are not grounds for Judicial Review, but can be a judicial error/manifest error if there is a legal error in the evaluation. This analysis concludes that inequity in sentencing can be used for Judicial Review if it causes manifest injustice.

Copyrights © 2026






Journal Info

Abbrev

refor

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of this journal is in the field of legal science for case studies in Indonesia and also other regions of the world. Jurnal Reformasi Hukum Trisakti comes from a half of the results of the sudents undergraduate thesis of the Faculty of Law Trisakti University, in subjects : Business Law ...