The legal view of out of court mediation agreements becomes the object of Nebis in Idem in court
Authors: Gayo Sabela 
Published: March 2024

The principle of ne bis in idem in the procedural law of the Constitutional Court is found in Article 60 paragraph (1) the Constitutional Court Act, in the form of a prohibition to re-trial the previous norm been tested. Different from the Criminal Code and the Civil Code that determines the clear element ne bis in idem, Article 60 paragraph (1) contains only one element form of testing objects. This study addresses two issues: how characteristics of the principle of ne bis in idem, and what are its elements in the procedural law of the Constitutional Court? Normative juridical research methods used to understand the principle of ne bis in I mean, elitist. Adoption of the principle of ne bis in idem in MK procedural law resulted in a broad philosophical shift and did not result in his death the legal position of the applicant and the legality of the object that can be prosecute Based on the systematics of the decision, the Constitutional Court put the proposition ne bis in idem on Conclusion, so it is not a verdict amar. While the conclusion is part of the legal consideration contains an analysis of the subject matter of the case, so it is not possible to generalize the decisions of the court on the case ne bis in idem as a negative verdict. In the case of the bus, the law the constitutional court event is supported by several norms, but the Constitutional Court law contains only two elements in the form of an object of law and a subject-legal relations. While the elements the third form of legal developments found in the decision of the Constitutional Court. Because not disruption of the legal status of the applicant and the legality of the object that can these three elements are not accumulative, which is the element the development of law is more determinant than the other two elements. Aftermath actualization of constitutionality does not only occur through positive decisions grant the application of the applicant, but also occurs in the case being assessed nebis in idem. This study is a type of normative juridical research, namely the type of research by using the provisions of laws and doctrines or principles in the science of law.36 nature of this study is normative juridical is qualitative research that refers to legal norms contained in various laws and rulings court. The author connects the data with other data and analyzed based on the provisions of applicable law, then draw conclusion by deductive means that draw conclusions from things general to specific. Furthermore, the results of the analysis will the authors associate with the problems in this study to produce a objective research that answers the problems in the study. Specifications research conducted by the author is research descriptive analytical. Descriptive analytical research which means this study describe a particular object and explain things related to or describe systematically related facts or characteristics of the population certain in certain areas factually and carefully. Through research descriptive, researchers tried to describe the events and events that become Research Center without giving special treatment to the event. The findings of this paper are that there is a need to expand the meaning of the application of the Nebis in Idem principle as referred to in the Circular Letter of the Supreme Court of the Republic of Indonesia number 3 of 2022 concerning the handling of cases related to the Nebis in Idem principle by including a clause that "the object of a mediation peace agreement outside the court becomes part of the application of the Nebis in Idem principle so that the aquo object (which has been agreed outside the court through mediation) can no longer be used as an object for a lawsuit in court (expansion of the meaning of the application of the Nebis in Idem principle).