Analisis Yuridis Kewenangan Penuntut Umum dalam Mengajukan Peninjauan Kembali Pasca Putusan Mahkamah Konstitusi Nomor 20/PUU-XXI/2023

Abstrak

law enforcement efforts in Indonesia, there are several institutions that play a role, one of which is the Prosecutor's Office which acts as the highest institution authorized to carry out the pre-prosecution stage and the prosecution stage in the field of law. The main role of the Prosecutor's Office is to realize justice and the rule of law in Indonesia. With a normative research method, this research uses a statutory approach, concept approach and case approach. This study aims to consider the fulfillment of legal objectives on the limitation or limitation of the authority of the Prosecutor's Office (Public Prosecutor) in filing a judicial review. The results of this study indicate that legal objectives which include justice, certainty, and legal benefits cannot be achieved simultaneously because even the Public Prosecutor (under the auspices of the Prosecutor's Office) which is the only institution authorized to prosecute in law enforcement in Indonesia until now still has limited authority in terms of upholding justice. Which is where the entire series of legal efforts should be carried out by every party who has an interest in law enforcement efforts that can fulfill the three (3) objectives of law, namely Certainty, Justice and Benefit.