TINJAUAN HUKUM PUTUSAN HAKIM DALAM TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN DENGAN SENGAJA

(Studi Putusan Nomor :292 / PID.B / 2018 / PN. Pw)

Abstract

This study aims to determine the judges' considerations in making a
decision on a crime of deliberate murder and whether the judge's decision on
intentional murder is in accordance with the application of Article 338 of the
Criminal Code.
This research is a descriptive research and when viewed from the
objective, it includes normative legal research. Research location at the Pasarwajo
District Court. The type of data used is secondary data. The data collection
technique used is through document study in the form of books, laws and
regulations, and archives. The data analysis technique is a qualitative analysis
technique with an interactive model.
Based on this research, it is found that the judges' considerations in
making a decision on a crime of murder committed intentionally include: the facts
found in the trial, whether the elements of the articles charged by the public
prosecutor to the defendant have been fulfilled, there are at least two valid
evidence, the judge's conviction that a criminal act actually occurred and that the
defendant was guilty of committing it, whether there are things that can be used as
justification or excuse that can eliminate the unlawful nature of the defendant's
actions, and considerations regarding these matters. - things that are burdensome
or that relieve the defendant.
The judge's decision in the crime of deliberate murder is in accordance
with the application of Article 338 of the Criminal Code, because the elements in
Article 338 of the Criminal Code, namely the "intentionally" element, the
"eliminate" element, the "life" element, and the "other person" element. "The
defendant had fulfilled it at the trial, so that the judge sentenced the defendant
according to his actions.
Keywords: Judge's decision, murder, deliberately committed, application of
Article 338 of the Criminal Code.