Legal Literacy - Have you ever wondered what if you feel dissatisfied with a criminal verdict filed against you or someone you know? In Indonesia, the right to disagree with a court decision is guaranteed by law, and this is the time we discuss available criminal legal remedies.
Legal remedies are rights possessed by parties involved in the criminal justice process to disagree with a court decision that has been handed down. These legal remedies are regulated in the Criminal Procedure Code (KUHAP).
Types of Criminal Legal Remedies
Legal criminal remedies can be distinguished into two types, namely:
- Ordinary legal remedies
- Extraordinary legal remedies
Ordinary Legal Remedies for Criminal Cases
Ordinary legal remedies are legal remedies that can be filed by the defendant or public prosecutor against a court decision at the first level. Ordinary legal remedies consist of:
- Appeal
- Cassation
Appeal
An appeal is a legal remedy that can be filed by the defendant or public prosecutor against a district court decision at the first level. The appeal decision is adjudicated by the high court.
Appeal Requirements
To be able to file an appeal, the defendant or public prosecutor must meet the following requirements:
- The district court's decision has not yet become legally binding
- The district court's decision being appealed must have been pronounced openly in court
- The district court's decision being appealed must have been notified to the defendant or the public prosecutor
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