Kekuatan hukum bukti baru (Novum) dalam permohonan peninjauan kembali = The Power of new evidence (noviter perventa) in judicial review

Pakel, Maria Margaretha (2013) Kekuatan hukum bukti baru (Novum) dalam permohonan peninjauan kembali = The Power of new evidence (noviter perventa) in judicial review. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Some people believe that in all cases, the decision of district court is a final decision which should always be accepted. However in a development to achieve better due diligence, the decision of a court will no longer be an irrefutable decision. There are many genuinely innocent people who were convicted by the court. These convicts are able to request an appeal to the Supreme Court of Judicial Review. Requirements of an application for judicial review is employing a mistake or an oversight on the decision of the judges before and also there are new evidences. Terms of new evidence is the evidence has not been shown in previous evidentiary hearing. This legal research are analyzes three criminal cases concerning murder. The first case, the new evidences are used to prove that the convicted person is not the one who killed the victim, while the second case are submitted by the prosecutors against verdict that frees the defendant. The first verdict is the judex fatie acquit the defendant and for the second case, the judges granted the application for review by the public prosecutor and add punishment to the accused. The conclusion that can be drawn is in accordance with the criteria of new evidence can strengthen an application for review and the result can be free from all charges, the verdict is lighter or acquittal. The writer find an error of law where the judge Supreme Court granted review of the acquittal and the appeal was filed by prosecutors.

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