PERSEPSI KETUA PENGADILAN NEGERI DAN KETUA PENGADILAN AGAMA TENTANG PENINJAUAN KEMBALI (PK) PASCA PUTUSAN MK NO. 34/PUU-XI/2013 DALAM HUKUM ACARA PERDATA

Authors

  • Bahran Basri

DOI:

https://doi.org/10.18592/syariah.v15i1.543

Abstract


Since test material to the provisions of Pasal 268 ayat (3) Undang-Undang No. 8 Tahun 1981
on Criminal Proceedings in Mahkamah Konstitusi, Mahkahmah decided in its decision number 34 /
PUU-XI / 2013, which states that the provisions was inconsistent with the Undang-Undang Dasar
1945, so it does not have binding legal force. Therefore, Peninjauan Kembali (PK) in criminal cases may
be done more than once with the new circumstances or conditions found substantial novum new found
during previous PK undiscovered. If problems associated PK novum criminal case is considered sub-
stantial, and neither should Novum issues related PK in civil cases, as may be after the filing of the PK
and disconnected, no new circumstances or substantial novum recently discovered that during the
previous PK undiscovered or if there is a decision of a judges mistake or a real mistake was discovered
after PK decided. PK is an extraordinary remedy that aims to find justice and truth material. Justice can
not be limited by time or formal provision that limits that PK is only one time. Justice is a very basic
human needs, the more basic human needs of the rule of law. But in civil cases, the results of this study
indicate that the filing PK limited only once.

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Published

2016-02-03

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