Abstract
The background of this paper is inspired and triggered to observe and study the legal uncertainty between the public prosecutor and the convict/his heirs regarding the authority to submit a PK Application as regulated in Article 263 paragraph (1) of the Criminal Procedure Code. The article states "the right of the public prosecutor" to apply for a PK application. However, what is expected by the Petitioner's wife is that Article 263 paragraph (1) of the Criminal Procedure Code can be interpreted in this way, "PK applications can only be filed by the convicted person or their heirs". This condition was exacerbated by the issuance of the Constitutional Court decision Number 33/PUU-XIV/ 2016 regarding "the right of the public prosecutor to file a PK application in a criminal case". This study aims to determine the application of extraordinary legal remedies by the public prosecutor and the implications of implementing these extraordinary remedies. The research method used is normative legal research. The results showed the application of extraordinary PK legal remedies for the public prosecutor after the Constitutional Court decision Number 33/PUU-XIV/2016, had direct implications for the Petitioner and his family. This implication is detrimental to the Petitioners' constitutional rights based on Article 28G of the 1945 Constitution because the protection of personal, family, honor and dignity has clearly been lost. It is better if the Constitutional Court reaffirms the legal principles in the article through constitutional interpretation which is an integral part that is not separate from the article in question and is able to provide fair legal certainty.
Highlights
The position of judge on the one hand is a very noble position, and on the other hand, if you are not careful, it can be degrading because of the many temptations that are ready to plunge you
The constitutional loss of the Petitioner as a result of the judicial review proposed by the Public Prosecutor has caused the loss of constitutional rights to protection of self, family, honor, dignity and the right to security and protection from threats of fear,and in her capacity as a legal wife who is given the right to file a judicial review according to Article 263 paragraph (1) of the Criminal Procedure Code, so that the Petitioner feels aggrieved due to the loss of protection and guarantee of fair legal certainty when the Public Prosecutor submits a judicial review of the decision free from lawsuits
The implementation of extraordinary legal remedies for Judicial Review for the Public Prosecutor after the Constitutional Court's decision Number 33/PUU-XIV/2016, has direct implications for the Petitioner, children and family so that they cannot gather with www.ijsshr.in the Petitioner's husband and cannot enjoy the guaranteed rights. the constitution based on Article 28G of the 1945 Constitution because obviously personal, family, honor and dignity protections have been lost
Summary
The position of judge on the one hand is a very noble position, and on the other hand, if you are not careful, it can be degrading because of the many temptations that are ready to plunge you. The message seemed very strong, and it was difficult for the judge to avoid the threat. This is nothing but because the temptation that will be faced by the judge in deciding a case is very large. The position of a judge is a noble position because the judge's decision is carried out honestly and uses a sincere mind, will produce the correct value so that an idiom "justice can't do wrong" appears. The judge's decision which has the value of "ijtihad", contains the value of truth, but will be able to prevent the judge from disgraceful acts so that the judge will avoid falling into the "twothirds law" category above.[1]
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