Understanding Judicial Review in the Legal System
ADCO Law
ADCO Law
The legal system has a mechanism for reviewing court decisions that have become final and binding. This process allows parties involved to request a re-evaluation of a decision believed to contain errors or mistakes. This article will simplify what a judicial review is, its legal basis, and how to file one.
What is Judicial Review?
Judicial review is an extraordinary legal remedy designed to correct decisions that are deemed unfair or incorrect. Unlike appeals and cassation, which are ordinarylegal remedies, judicial review occurs after a court decision has become final and binding. The primary goal of judicial review is to rectify errors in a final judgment, whether due to new and significant evidence, judicial errors, or substantial changes in relevant law.
Legal Basis for Judicial Review
Not all decisions can be subject to judicial review; only decisions that meet specific criteria can be re-evaluated. These criteria are set to ensure that judicial review is used appropriately and not misused.
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Legal Basis for Judicial Review in Criminal Cases
For criminal cases, the legal basis for judicial review is outlined in Article 263 paragraph (2) of the Criminal Procedure Code or Kitab Undang Undang Hukum Acara Pidana (KUHAP). Three main reasons can justify filing for a judicial review:
- New Evidence (Novum): One legal basis for filing a judicial review is the presence of unknown evidence that could not have been presented during the previous trial. Suppose this new evidence could have influenced the decision and indicated that, had it been available during the trial, the outcome might have been different—such as a not guilty decision—then a judicial review may be warranted.
- Contradiction in Decision: If a decision contains contradictory or inconsistent statements, this may serve as grounds for judicial review. Such inconsistencies suggest that the decision may not have been based on proper or complete considerations.
- Judicial Error: A judicial review may also be filed if an apparent mistake in the judge’s assessment of facts or application of the law leads to an incorrect decision.
Legal Basis for Judicial Review in Civil Cases
For civil cases, the legal basis for judicial review is outlined in Article 67 of Law Number 14 of 1985 concerning the Supreme Court, as amended by Law Number 3 of 2009. The reasons include:
- False Evidence or Fraud: A judicial review can be requested if a decision is based on lies or deceit that is only discovered after the decision or false evidence is rendered.
- Decisive New Evidence: Judicial review can also be pursued if new, decisive evidence, which could not have been found during the initial proceedings, is discovered after the decision is rendered.
- Unrequested or Excessive Decisions: If a decision grants something that is not requested or exceeds what is asked, or if part of the claim remains undecided without consideration, this can be the basis for judicial review.
- Conflicting Decisions: If there are conflicting decisions from the same court or courts of the same level regarding the same issue and based on the same basis, this can be the reason for judicial review.
- Judicial Error: As with criminal cases, judges’ errors in civil cases can also be the basis for judicial review.
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Procedure for Filing a Judicial Review: Steps and Process
Here is a detailed guide on the steps and procedures for filing a judicial review: 1
- Filing a Request
| Step | Explanation |
| Authorized Parties | The request can be filed by the party involved, heirs, or a specially authorized representative. |
| Required Documents | · Copy of the judgment;
· New evidence (novum), if any; · Grounds for the request. |
| Submission Place | The request is submitted to the clerk of the District Court issuing the decision in the first instance. |
- Time Limits for Filing
| Grounds for Review | Time Limit | Explanation |
| Fraud or Deception | 180 days from when the fraud or deception is discovered, or from the date the decision becomes legally binding. | Calculated from when the fraud or deception is discovered or when the decision becomes legally binding. |
| Novum (New Evidence) | 180 days from the discovery of new evidence. | New evidence must be declared under oath and certified by an authorized official. |
| Judicial Error or Clear Mistake | 180 days from when the decision becomes legally binding. | Calculated from when the decision is notified to the parties involved. |
| Contradictory Decisions | 180 days from when the last contradictory decision becomes legally binding. | Calculated from when the contradictory decision becomes legally binding. |
- Submission Process
| Step | Explanation |
| Written Submission | The request must be submitted in writing with clear reasons. If the applicant cannot submit it in writing, the request may be articulated orally in front of the Chairman of the District Court. |
| Delivery to Opposing Party | The Chairman of the District Court must deliver a copy of the request to the opposing party within 14 days. The opposing party has 30 days to submit a response. |
| Submission to the Supreme Court | After receiving the request, the clerk sends the case file and costs to the Supreme Court within 30 days. |
- Process at the Supreme Court
| Step | Explanation |
| Examination by the Supreme Court | The Supreme Court examines the request and may order the lower court to conduct additional examinations or seek further information. |
| Supreme Court Decision | If the request is granted, the Supreme Court will annul the decision subject to review and make its own ruling. If denied, a copy of the decision is sent to the District Court within 30 days. |
- Delivery of the Decision
| Step | Explanation |
| Delivery of Decision Copy | After the Supreme Court issues a decision, the copies are sent to the District Court. The District Court then delivers copies of the decision to the applicant and the opposing party within 30 days. |
- Clarification of Provisions 2
| Provision | Explanation |
| Novum Oath-Taking | The party who discovered the new evidence, or the applicant of the judicial review must take an oath at the first-instance court, and the first-instance court must also create a record for written evidence submitted as novum. |
| Formal Assessment | The first-instance court only assesses the formal aspects of the request; substantive assessment is under the authority of the Supreme Court. |
| Repeated Submissions | The request may be accepted if there are conflicting decisions without the court assessing the substance of the conflict. |
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By understanding the steps and procedures involved, parties can ensure that their right to a fair decision is maintained while upholding the integrity of the legal system. Judicial review is not only a mechanism for individual justice but also ensures consistency and accuracy in the application of the law.
For further information or consultation on this matter, please contact us at ADCO Law.
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