The Reconstruction of the Regulation of the Prosecutor's Authority to File a Review of Criminal Cases Decided Acquitable in the Indonesian Criminal Procedural Law System Based on the Values of Justice

Abstract

The paradox of prosecutors seeking case reviews in acquittals, which contradicts justice values in Indonesia's criminal law system. The purpose of research are: 1) analyze the regulation of prosecutorial authority to request reviews of acquittals based on justice values; 2) identify weaknesses in current regulation; and 3) analyze a reconstruction of the regulation grounded in justice. The research uses constructivist paradigm, the study applies a sociological juridical approach and descriptive research method. Data sources include primary, secondary, and tertiary legal materials to evaluate how legal practices align with justice principles. The results are: 1) The prosecutor's authority to request judicial review of acquittals in Indonesia lacks justice value, as it fails to optimally prioritize prosecutor's proper role; 2) Weaknesses in the prosecutor's authority to seek judicial review include conflicting legal substance, limited structural authority under Article 263(1), and differing public perceptions that lead to inconsistent law enforcement across community groups; 3) Reconstructing the prosecutor's authority to seek judicial review involves norm reconstruction and value reconstruction based on justice within Indonesia’s legal system. Value reconstruction ensures prosecutor’s authority to seek judicial review of acquittals aligns with justice, while norm reconstruction revises Article 30C(h) of Law 11/2021 and Article 263(1) KUHAP.