CHARACTERISTICS OF THE SUPREME COURT CIRCULAR AND CONSTITUTIONAL COURT DECISION REGARDING THE APPLICATION FOR REVIEW
The characteristics of a circular letter from the Supreme Court in the Indonesian legal system are not categorized as statutory regulations, but only as policy regulations based on the principle of freedom of action known as freie ermessen / beleidsvrijheid / beoordelingvrijheid, whereas the Constitutional Court decisions basically have a final binding character, meaning in every Constitutional Court Decision, the verdict is final and there is no legal remedy as is customary in the judicial system. The authority of a decision issued by a judicial institution lies in its binding power. The decision of the Constitutional Court (MK) is a decision that is not only binding on the parties (inter parties) but also must be obeyed by anyone (erga omnes). The validity of the Supreme Court Circular Letter Number 7 of 2014 and the Decision of the Constitutional Court Number 34 / PUU-XI / 2013 in the Application for Reconsideration is SEMA Number 7 of 2014 concerning Reconsideration contrary to the Constitutional Court Decision Number 34 / PUU-XI / 2013 which stated the PK in Criminal cases can be carried out repeatedly, so that the legal consequence is that normatively SEMA Number 7 of 2014 can be said to be null and void.
Circular; Decision; Constitutional Court; Supreme Court