Analisis Pertimbangan Hakim pada Upaya Peninjauan Kembali dalam Kasus Gratifikasi (Studi Putusan Pengadilan Nomor 156 PK/Pid.Sus/2019, Nomor 237 PK/Pid.Sus/2020, dan Nomor 318 PK/ Pid.Sus/2018) Sembiring

Abstract

The Criminal Procedure Code (KUHAP) No. 8 of 1981 in CHAPTER XVIII clearly and in detail stipulates what is the basis for carrying out Extraordinary Legal Efforts for Judicial Review of Gratification Criminal Acts at the review stage which has permanent legal force, and it can only be done once, but the rules regarding Efforts for Judicial Review can only be submitted once. A judicial review has been conducted to the Constitutional Court which in decision No. 34/PUU-XI/2013 dated March 6, 2014 stated that article 268 paragraph (3) The Criminal Procedure Code does not have binding force, but after that the Supreme Court issued Circular No. 07 of 2004 dated December 31, 2014 which basically stated that a judicial review decision cannot be reviewed and an application for judicial review can be submitted only 1 (one) time. The research and analysis of Efforts for Judicial Review in Gratification Cases is carried out with a focus on three issues that will be discussed, namely: (1) how is the legal arrangement for Judicial Review in Indonesia, (2) how is the development of judicial review in Indonesia, and (3) analysis the judge's consideration in the decision on the Gratification Case Review, using a normative research method using a statute approach and a case approach. This is because some of the examples of corruption cases that were requested for review at the Supreme Court were granted, but the reasons for granting the request for review were contradictory and did not contain the requirements as stipulated in the Criminal Procedure Code (KUHAP) and the Law on Judicial Power.