Tinjauan yuridis tentang permintaan rehabilitasi dan ganti kerugian dalam hubungannya dengan peninjauan kembali terhadap putusan pengadilan yang berkekuatan hukum tetap (inkracht van gewijsde)

Oleh :
Deficka - E0005131 - Fak. Hukum

The objective of law writing is to find out the regulation of rehabilitation and compensation request in the respect to the judicial review on the definite law verdict (inkracht van gewijsde). This study belonged to a normative law research. The approach employed was a qualitative approach method. The data type employed was secondary data, that is, the one derived from the literary material including: books, literatures, law ordinances, official document, and the result or research, in the form of report or other sources, relevant to this research. The data obtained was the analyzed using a content analysis on a law ordinance about the judicial review in accordance with the research problem. The result of research shows that in the term of compensation, the judicial review is not mentioned in Second Section of Chapter XVIII, the regulation of which refers to the Articles 95-96 KUHAP. Thus, the law has not been strong. It is the weakness of KUHAP. Meanwhile, the rehabilitation is regulated in Article 97 of KUHAP. The benefit of research include: it gives input to the interested party, particularly the legislator, to develop the more definite law ordinance so that the rights of the accused can be protected more.