JURIDICAL ANALYSIS OF CRIMINAL ACTORS PREMEDITATED MURDER (CASE STUDY DECISION NUMBER 51/PID.B/2019/PN.TBH)

Abstract

Currently in social life, it is undeniable that crime can occur anytime, anywhere, and is experienced by anyone. Many factors can influence the occurrence of crime. Every crime focuses on the perpetrators of crimes or criminals, while the victims of crimes seem to be forgotten. In the Criminal Code, murder is included in the category of crimes against life which is specifically regulated in Chapter XIX of the Criminal Code which consists of 13 articles, namely Article 338 of the Criminal Code up to Article 350 of the Criminal Code. Premeditated murder is a form of crime against life as regulated in Article 340 of the Criminal Code. Premeditated murder is an act that is done intentionally with a prior plan to kill another person. The problem in this research is what elements influence the occurrence of the crime of premeditated murder and how is the judge's consideration of Decision Number 51/Pid.B/2019/PN.Tbh regarding the crime of premeditated murder. This research uses normative law research which consists of research on legal principles, legal systematics, legal history and comparative law research. The approach method used in this research is the legal approach, the case approach, and the conceptual approach. The results of this study are how the judge's consideration in deciding a case and whether the decision is correct or not.