Prosecutor's Authority in Applying for Judicial Review (PK) After the Issuance of Constitutional Court Decision Number 20/PUU–XXI/2023

Abstract

This research aims to find out and analyze the Constitutional Court's decision Number 20/PUU–XXI/2023 related to the prohibition on prosecutors from submitting a PK to provide justice and legal benefits. This research uses a normative juridical approach. Based on the results of this research, it was found that Constitutional Court Decision number 20/PUU–XXI/2023 related to the prohibition on prosecutors from filing a PK, has provided legal certainty and justice. Legal certainty in the Constitutional Court Decision Number 20/PUU-XXI/2023 related to the lawsuit under Article 30C letter h of Law of the Republic of Indonesia Number 11 of 2021, namely preventing abuse of authority by prosecutors, especially in the case of filing a PK for cases which in fact have been declared acquittal or acquittal. from all demands. Meanwhile, justice in Constitutional Court Decision Number 20/PUU-XXI/2023 is that the convict is given the opportunity to prove his innocence by submitting a judicial review. The judicial review carried out by the public prosecutor has closed the sense of justice for the convict. This is because the prosecutor's efforts to prove the defendant's guilt in the trial were deemed sufficient, the discovery of new evidence (Novum) should provide the convict with an opportunity to obtain justice. Prosecutor's authority after the issuance of Constitutional Court decision number 20/PUU–XXI/2023. Basically, after the decision Number 20/PUU-XXI/2023 regarding the revocation of the prosecutor's authority, it does not give rise to new laws because the regulation of legal remedies for judicial review of criminal cases, is actually regulated by Article 263 paragraph (1) of Law Number 8 of 1981 concerning Criminal Procedure Law (KUHAP ).