Novum is: understanding, requirements, and examples in the world of law

Did you know, in the process of resolving a case, there is a term known as a review (PK). This term refers to a last extraordinary legal effort that can be taken by the litigation after a decision to obtain permanent legal force.

In its implementation, there are several reasons that can function as a basis for reviewing reviews (PK), one of which is the existence New. However, what exactly is meant by new? This article will discuss in depth newranging from understanding, conditions to examples new In the context of civil law and criminal law.

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Understanding new in law

In Indonesian law, new is the term referring to “something new” or “a new fact” found after a decision to obtain permanent legal force. In full, this term comes from Latin, namely just achieved which means new facts found and can be submitted in a case, even though the trial process has been completed.

Although often used, the term new It itself has never been mentioned explicitly in the Criminal Procedure Code (“KUHAP”) or other related regulations. Generally, these regulations use the phrase “new condition” or “new proof of letters”, not using the term new.

As for what is meant by “new situation” is a condition that is not yet known during the trial, either because it has not been found or has not been revealed. Which situation has a great potential to change the judge’s decision in the form of a free verdict, escape from all lawsuits, not received the prosecutors’ demands, or the lighter criminal offense.

Until other words, new Can be interpreted as a new fact or evidence that was previously unknown in the trial process, but has a significant power to change the decision of judges who have permanent legal force.

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Legal basis new in Indonesia

In the Indonesian legal system, the existence new Of course it cannot be ignored. This is because new can be the last hope to uncover the truth and straighten the facts in a case through a review effort (PK). As for the legal basis Novum in Indonesia is regulated in Article 263 paragraph (2) letter (a) of the Criminal Procedure Code. In addition, settings regarding new also listed in Article 67 letter (b) of Law Number 14 of 1985 concerning the Supreme Court, and is strengthened through the decision of the Constitutional Court Number 34/PUU-XI/2013.

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Condition new so that it is recognized legally

So that a new Legally accepted in the review process (PK), new It must meet a number of requirements to maintain a balance between efforts to find justice and the principle of legal certainty. The following are some of the requirements that must be met:

1. Must be determined and present before the examination process
   New It must be in the form of determining evidence of the subject matter, having direct relevance, and has the potential to change the decision if it has been known from the beginning. The evidence must have existed but has not yet been revealed during the trial, and only discovered after the verdict gained permanent legal force (increase).

2. New and has never been submitted in the previous trial process.
   New It must be completely new for the trial process and has never been submitted or examined in the case examination process in the previous court both the first level and the next levels.

3. Must be stated under oath and approved by the authorized official.
   Especially for new In the form of a letter, it must be stated under the oath by the party submitting and approved by the authorized official, by including the day and date of his discovery.

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Functions and roles new In a review

New Functioning as the main basis or reason to reopen the case that has been legally binding through the Review Efforts (PK). In its implementation, role new Surely it is very important, especially in terms of presenting new facts that have the potential to change the previous decision to achieve a true justice and find deep truth.

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Tasting new In criminal and civil cases

One example new In the practice of law in Indonesia was a case of Sengkon and Karta in 1974. In the case, through his legal counsel Albert Hasibuan, Sengkon and Karta submitted a review (PK) after evidence in the form of information (recognition) from Gunel Bin Kur, who stated that he was the perpetrators of robbery and murder of the Sulaiman and Siti families.

The confession was then made new and succeeded in freeing Sengkon and Karta from the previous decision.

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Procedure for submitting new For Pk

So that the Return Review (PK) application for some reason new Can be accepted and legally processed by the Supreme Court, you need to understand the procedures that must be taken correctly. Following are the general steps in submitting a review (PK) for reasons new:

1. Submission of Review Requests (PK)
   Friend can apply for a review (PK) in writing or orally to the court clerk who decided the case at the first level. In this request, the applicant is required to mention the Reasons for Review (PK) clearly, including if the reason used is the existence new (new evidence).
2. Examination of application formality
   After the request is received, the chairman of the court will appoint a judge (not a judge who previously examined the case) to examine the completeness of the Review Request (PK), including formal conditions and the reasons submitted.
3. Examination of Application and Party Evidence
   At this stage, applicants and prosecutors can be present to express their opinions about the Review Application (PK). The inspection is intended to provide both parties to be heard fairly.
4. Making the Minutes of Examination
   All examination results are outlined in the minutes of the examination signed by the judge, prosecutor, applicant, and clerk. This document is the official record of the Review Inspection Process (PK).
5. Delivery of files to the Supreme Court
   The Chairperson of the Court will send a Request for Review (PK) along with all case files, Minutes of Examination, and Minutes of Opinion to the Supreme Court. A copy of the introduction letter was also submitted to the applicant and prosecutor as a copy.
6. Examination and decision in the Supreme Court
   The Supreme Court will examine the request for review (PK) as a whole. If the Supreme Court considers that the request is reasonable, then the Request for Review (PK) can be granted and the case will be decided again in accordance with legal provisions.

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Risk if new Not fulfilling his condition

When new submitted in the Request for Review (PK) does not meet the requirements set by the law, then the application will be rejected or not accepted because new proposed is considered invalid or does not have adequate proof strength. This rejection has serious consequences, considering the Review (PK) is the only extraordinary legal remedy available after the decision to obtain permanent legal force (increase).

As a result, those who seek justice lose the opportunity to prove the existence of new facts or evidence that has the potential to change the previous decision, so that the verdict remains applicable without being repaired.

In particular, when new In the form of evidence of the letter is not outlined in the form of a statement under the oath and is not approved by the authorized official, then the letter does not meet the requirements as a basis for the Request for Review (PK). In fact, the oath statement by the applicant without official ratification also caused the evidence to be invalid to be used as an excuse in submitting a review (PK).

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(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Procedure Code
2. Law Number 14 of 1985 concerning the Supreme Court
3. Decision of the Constitutional Court Number 34/PUU-XI/2013

Reference

1. Krisye Ivone Kalengkongan, et al, “Juridical Review of the Court Decision After a new evidence was discovered in criminal law in Indonesia”, Legal crimeVol. 11, No.1, (2022).
2. Dwi Indah Widya Pratiwi, “Study of the existence of Novum as a reason for the Reconsideration made by the Supreme Court”, Journal of VestekVol. 8, No.3, (2020).
3. Suciati, “The concept of proof of letter (novum) as a reason for the Review (PK) of Civil Cases in the Perspective of Justice”, Journal of Law Wasaka, Vol. 9, No.2, (2021).