Melawan Peninjauan Kembali (PK) Dengan Mengajukan Peninjauan Kembali (PK): Analisis Yuridis Terhadap Kepastian Hukum Dan Keadilan

I Gusti Ayu Stefani Ratna Maharani (Universitas Udayana, Denpasar, Bali, Indonesia)

KERTHA WICAKSANA
Vol 20 No 2 (2026)

This study aims to analyze in depth the practice of multiple judicial review (PK) applications. The method applied in this study is normative legal research, which utilizes a statute approach and a conceptual approach. The results of the study indicate developments in the Indonesian criminal justice system, particularly following Constitutional Court (MK) Decision Number 34/PUU-XI/2013. This decision declared Article 268 paragraph (3) of the Criminal Procedure Code unconstitutional. Based on progressive legal arguments, the Constitutional Court emphasized that criminal law must prioritize justice over legal certainty. Therefore, the limitation on the submission of PK by convicts is seen as a barrier to citizens' constitutional rights. The Constitutional Court decision seeks to open up space for convicts to re-use the legal remedy of PK (re-PK). In principle, as long as novum (new evidence) is found, the opportunity to submit a criminal PK must remain available. Limiting PK to only one time is considered problematic if in the future novum arises that has the potential to change legal considerations and result in a different decision from the previous panel of judges.