Open AccessMengukur Konstitusionalitas Peninjauan Kembali (PK) Kedua dalam Perkara Perdata
Author(s) -
Priyo Handoko
Publication year - 2020
Publication title -
al-qanun
Language(s) - English
Resource type - Journals
eISSN - 2722-1075
pISSN - 2088-2688
DOI - 10.15642/alqanun.2019.22.2.452-474
Subject(s) - legal certainty , law , normative , economic justice , legislation , political science , certainty , constitutional court , criminal procedure , criminal case , judicial review , constitution , philosophy , epistemology
The study aims to provide a constitutional analysis of judicial review (PK) in civil cases for more than once. The research-based is the decision of the Constitutional Court No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013 in which the two judgments provide a different classification between criminal and civil cases. The method used in this research is a normative juridical with a conceptual, legislation, and case approach. The results of the study assert that: first, the opportunity for judicial review (PK) more than once in a criminal case is an effort to uphold justice substantively by the Constitutional Court. Whereas the restriction of judicial review (PK) only once in civil cases is intended to guarantee legal certainty. Secondly, there is rational inconsistency in the arguments of the Constitutional Court which is indicated in Decision No. 108 / PUU-XIV / 2016 and No. 34 / PUU-XI / 2013. Both criminal and civil cases must seek to establish and maintain substantial justice, especially since there is a due process of law principle that requires that everyone can get the same opportunity before the law.