THE RULES ON CRIMINAL CASE REVIEW IN INDONESIA BASED ON JUSTICE

The purpose of this study is to find rules regarding the review of criminal cases based on justice. The existing rules in the Criminal Procedure Code are currently experiencing problems in its application, which include the rules regarding the parties entitled to submit a review along with their objects, and the rules regarding the frequency of submission for review. The regulation is now inadequate because it does not clearly mention the public prosecutor as the party entitled to submit a review, other than the convict or heir. Then related to the frequency of submission for review there are currently two conflicting rules. From the results of the discussion it was found that law and justice have a close relationship, including also the rules regarding the review of criminal cases. Justice used here refers to the second principle of Pancasila which is interpreted as a balance of interests. Following the second principle of Pancasila, the review rules must be formed based on the idea of protecting interests in a balanced manner. In this context, the right of the public prosecutor to submit a review must also be clearly stated. Related to the rules regarding the frequency of submission for review, there must be synchronization between two conflicting rules and rights must be given twice. Submitting a second review must meet certain conditions.