PENGAJUAN PENINJAUAN KEMBALI OLEH AHLI WARIS DALAM KEADAAN TERPIDANA MELARIKAN DIRI DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 8 TAHUN 1981 TENTANG HUKUM ACARA PIDANA

  • Andrian Martin Gahari Fakultas Hukum Universitas Surabaya

Abstract

The court judgement of the Supreme Court on the Judicial Review stage has brought up a case upon cancelation of the Supreme Court judgment on the cassation stage which had put a sentence on someone, so that the court judgement of the South Jakarta District Court is justified which had set the person free from any prosecution. This case involved the one asking for the Judicial Review who is the convict’s wife as the heir. The convict hasn’t passed away but in the situation of running away and become a fugitive of the police officer. The Judicial Review proposal from the convict’s wife which has been accepted by the Supreme Court and it came to a conclusion to cancel the court judgment previously. The rules about proposing Judicial Review is regulated in article 263 section (1) Indonesian Law Number 8 Year 1981 concerning on Criminal Procedure determine that the Judicial Review can be proposed by the convict or the heir. The case started when ST had misused his authority as the President Director PT BPUI (Persero) which government company in financing business. ST had given some loan to several companies. ST was then indicted by the public prosecutor of doing corruption which has caused some lost of the country. The Judicial Review proposal by the wife was inaccurate because absolute aspects as the heir were incomplete, the wife doesn’t have a legal standing as a legal heir, and the proposal wasn’t met the legal requirements.

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Published
2020-05-30
How to Cite
Gahari, A. (2020). PENGAJUAN PENINJAUAN KEMBALI OLEH AHLI WARIS DALAM KEADAAN TERPIDANA MELARIKAN DIRI DITINJAU DARI UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 8 TAHUN 1981 TENTANG HUKUM ACARA PIDANA. JURNAL MEDIA HUKUM DAN PERADILAN, 6(1), 28-38. Retrieved from http://ejournal-pps.unsuri.id/index.php/jmhp/article/view/133
Section
Articles