TINJAUAN YURIDIS PENGATURAN PENINJAUAN KEMBALI BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 34/PUU-XI/2013 DIKAITKAN ASAS LITIS FINIRI OPORTET

Abstract

Review is regulated in Article 268 Paragraph 3 of the Criminal Procedure Code
(KUHAP) "Limiting an application for review of a decision can only be filed once". Based on the
decision of the Constitutional Court Number 34/PUU-XI/2013 stated that Article 268 Paragraph
3 of the Criminal Procedure Code against the 1945 Constitution of the Republic of Indonesia
means that a review cannot only be submitted once but may deny the principle of litis finiri
opportet more than once. Therefore, the purpose of this thesis research is first, to find out the
regulatory mechanism for judicial review in criminal cases after the Constitutional Court's
decision Number 34/PUU-XI/2013 is related to the principle of litis finiri opportet. Second,
knowing the relationship between legal certainty and justice after the Constitutional Court's
decision Number 34/PUU-XI/2013 is related to the principle of litis finiri opportet.
This type of research can be classified into the type of normative legal research. This
study used secondary data consisting of primary legal materials, secondary legal materials,
tertiary legal materials and data collection techniques were carried out using the library study
method.
From the results of the research problem there are two main things that can be concluded.
First, the Mechanism for Review Arrangements in criminal cases following the Constitutional
Court decision Number 34/PUU-XI/2013 associated with the principle of finiri opportet is not
regulated regarding the limitation of review. cases will never be finished which has run away
from the principle of litis finiri opportet (A case must have an end). Second, the relationship
between the principle of legal certainty and the principle of justice after the decision of the
constitutional court Number 34/PUU-XI/2013 is associated with the principle of litis finiri
opportet: This Constitutional Court decision has denied the principle of litis finiri opportet,
namely that every case must have an end, the aim of which is to realize justice and finding
material truth. The author's suggestion is First, the government follows up regarding the setting
for limiting the number of times you can apply for a PK. Second, it is suggested that judicial
power, both the Supreme Court and the Constitutional Court, is expected to combine 3 (three)
important things in deciding cases, namely legal certainty, expediency, and justice.
Keywords: Judicial Review - Constitutional Court - Litis Finiri Oportet Principle.