Before delving into the technical aspects, it is important to understand why the legal system goes to the trouble of creating a hierarchy of justice. Legal remedies do not exist merely to prolong the process. Their existence is based on several noble principles:
  1. Recognition of the Human Nature of Judges (Error of Judgment): Judges are human, not gods. Even with high integrity and scholarship, they are not immune to the possibility of making mistakes or errors, both in assessing facts and in applying the law. Legal remedies are a corrective mechanism against this potential error of judgment this.
  2. Guaranteeing the Right to a Fair Trial: The principle of a fair trial requires the opportunity to review a decision. This provides a sense of justice for those who feel aggrieved and increases public trust in judicial institutions.
  3. Control and Supervision Between Judicial Institutions: The existence of appeal and cassation mechanisms creates a control system. Higher courts oversee the decisions of lower courts, ensuring consistency and compliance with laws and regulations.
  4. Seeking Material Truth: The main objective of criminal procedure law is to find material truth—the actual truth of a criminal event. Legal remedies provide an additional layer of examination to approach that truth.
The main juridical basis for criminal legal remedies in Indonesia is contained in the Criminal Procedure Code (KUHAP), which divides it into two major categories: Ordinary Legal Remedies and Extraordinary Legal Remedies. However, to truly understand how they both work, we must first master the concept ofJudex FactieandJudex Juris.