Alasan Pengajuan Peninjauan Kembali Terhadap Hukuman Mati Menjadi Hukuman Penjara

Abstract

The submission of a review of the death penalty often raises various challenges, such as the limited time for implementation, the complexity of proving novum, and public resistance to reducing sentences that are considered detrimental to the public's sense of justice. In addition, the reasons underlying the submission of judicial review are also a concern, whether based on legal, humanitarian, or other conditions that are considered relevant. The research method used is a normative legal research method conducted by library research using primary, secondary and tertiary legal materials. The analysis used is qualitative analysis and uses a statutory approach and case approach. The results of this study indicate that the legal remedy of judicial review is to review court decisions that have permanent legal force and that can change the death penalty to imprisonment. The factors for changing the sentence are that the death penalty is contrary to the constitution and Law No. 39 of 1999 concerning Human Rights, as well as international human rights instruments that have been ratified by Indonesia, such as the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In addition, the form of reasons for filing a judicial review are There are new circumstances that give rise to a strong suspicion that the verdict would have been different if the circumstances were known at the time of the trial, Decisions that are contrary to other decisions made by the same or the same level of court, There are lies, deceit, or false evidence that has been declared by the criminal judge, There are decisive evidence that was not found when the case was examined, Decisions that grant things that are not demanded or more than what is demanded Decisions that have not decided a part of the claim without consideration of the causes