Problematic Deep Reconsideration​ System Justice Post- Verdict Crime Court Constitution Number: 34/PUU-XI/2013 and Circular Letter Supreme Court Number 07 of 2014

Abstract

An attempt to review a criminal case can only be submitted once by the convict based on clause Article 263 paragraph (3) of Law Number 8 of 1981 on the Indonesian Criminal Procedure Code, which was later declared invalid after the granting of the judicial review of Article 263 paragraph (3) Law Number 8 of 1981 through Constitutional Court Decision Number: 34/PUU-XI/2013. The impact of the Constitutional Court's decision is to legalize efforts to review criminal cases more than once and, simultaneously, allow such applications to be submitted not only by the convict or his heirs. The Supreme Court of the Republic of Indonesia responded to this condition by issuing Circular Letter Number 7 of 2014 on the Submission of Applications for Judicial Review in Criminal Cases, which essentially limits applications for judicial review in criminal cases to only be submitted once. The Circular Letter of the Supreme Court of the Republic of Indonesia is considered to be contrary to the Constitutional Court Decision Number 34/PUU-XI/2013 provisions, so it needs to be further regulated by the government.