When Is The Court Decision Considered Inkracht?

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YOGYAKARTA - When will the court's decision be considered inkracht van gewijsde or permanent legal force? The explanation of the question can be seen in the following description.

The term decision with permanent legal force is often used in conjunction with the term law of Dutch heritage, namely in kracht van gewijsde. The word kracht means strength, while the word gewijsde means final decision, so that in kracht van gewijsde can be interpreted as having permanent legal force and no ordinary legal remedies anymore.

In Article 2 paragraph (1) of Law Number 5 of 2010 concerning Amendments to Law Number 22 of 2002 concerning Grass, court decisions that have obtained permanent laws, namely:

According to Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP), decisions with legal force can still be known with the following criteria:

So, what if the inkracth decision is submitted for a review (PK)? Does the decision not yet have permanent legal force?

According to M. Yahya Harahap in a book entitled Discussion of Problems and Application of the Criminal Procedure Code: Examination of Court Sessions, Appeals, Cassation, and Review, PK efforts cannot be carried out on decisions that are not yet inkracht. The reason is, decisions that do not yet have legal force can only be reached with appeal or cassation.

The review was only opened after there was an appeal or cassation had been closed and the PK was not allowed to step over both of them. This means that the PK can only be achieved after the decision has permanent legal force.

The PK was submitted because the decision could no longer be appealed or appealed. The PK submission of a decision that has been inkracht, does not suspend or stop the implementation of the decision.

In a criminal case, the court's decision that can be submitted by the convict or his heir is an inkracht decision, except for acquittal or ledak from all lawsuits.

This rule must be interpreted explicitly in writing and should not be interpreted other than, such as the PK submission made by the Public Prosecutor (JPU).

Requests for reconsideration can be made by the convict on the basis of:

This is information about when the verdict is considered inkracht van gewijsde or has permanent legal force. Get the latest news update only on VOI.ID.