IMPLEMENTATION OF THE PROCEDURE FOR FILING A JUDICIAL REVIEW (PK) IN A CRIMINAL CASE OF MOTORCYCLE THEFT WITH VICTIM FORGIVENESS AS A JUDICIAL CONSIDERATION (Case Study Number 202/Pid.B/2025/PN.Mlg)

This study was prompted by the Malang District Court's decision in a criminal case of aggravated theft, number 202/Pid.B/2025/PN.Mlg, which raises questions about how to strike a balance between substantive justice, legal certainty, and the defendant's cooperative attitude and the victim's forgiveness. This study focuses on how the victim's forgiveness affects the judges' decisions during the law enforcement procedure and how the application for Judicial Review is handled in the case. Its goal is to assess whether the Judicial Review process complies with the Criminal Procedure Code (KUHAP). This empirical legal study, which takes a socio-legal perspective, uses information gathered from observations, interviews, case files, and pertinent laws. The results demonstrate that although the victim's forgiveness is a crucial mitigating factor, the judges have not given it enough weight. Additionally, the analysis demonstrates that the formal and material methods for submitting the Judicial Review in this matter comply with applicable regulations and Article 263 of KUHAP. In order to address judicial errors and promote the use of restorative justice in the criminal justice system, the Judicial Review is a suitable legal remedy.