KEDUDUKAN PENINJAUAN KEMBALI JAKSA PENUNTUT UMUM PASCA PUTUSAN MAHKAMAH KONSTITUSI NO. 20/PUU-XXI/2023

Abstract

As a government institution that exercises state authority in the field of preprosecution and prosecution, as well as an institution that has authority in law enforcement and justice, the role of the prosecutor's office in law enforcement is very important and strategic. In this research is normative juridical, namely "legal research that places law as a building system of norms. The system of norms built is regarding principles, norms, rules of law, court decisions, agreements, and doctrines (teachings). This study emphasizes secondary sources of material, both in the form of regulations and legal theories, in addition to examining legal principles that are scientific in nature and can be used to analyze the issues discussed. The results in this study The position of the public prosecutor plays the role of representing the interests of the victim and the public interest with the main objective of fighting for the sense of justice expected by society. In addition, the decision of the Constitutional Court No. 33/PUUXVI/2016 and No. 20/PUU-XXI/2023 does not provide justice to the convict or his heirs and the public prosecutor that they can submit a review as long as there are written provisions that can provide those rights and powers and in the formulation of the second problem. To represent justice, it is necessary to revise the Criminal Procedure Code through the politics of criminal law, because the point of the problem lies in Article 263 of the Criminal Procedure Code which contains a paradox between paragraph one and the next paragraph.