The crime of premeditated murder among women: a gender sociological study of motives and contexts

The crime of murder is included in the category of crimes against life. The qualifications for the crime of murder consist several forms listed in Articles 338-350 of the KUHP. Broadly speaking, forms of murder are divided into two, the crime of ordinary murder and the crime of premeditated murder. These two forms of criminal acts of murder have differences, namely in the element of planning. The provisions of Article 338 of the Criminal Code explain murder in basic form, namely the intentional killing of another person. Meanwhile, Article 340 of the Criminal Code explains the deliberate taking of another person's life which is preceded by a plan. However, the meaning planning element in the Criminal Code is not explained in detail. This needs to be studied further regarding the differences between ordinary murder and premeditated murder. In analyzing this research, the author uses a normative juridical method with a statutory regulatory approach and a conceptual approach. The results of this research show that when it comes to planning elements, criminal events and the evidentiary process are seen which are linked to the theory of legal science doctrine applied by judges as a guide in making legal considerations in decisions

The research was policy of criminal law maintains kind of death penalty (the case study ofplan murder while mutilates the victim), aims to describe and analyze the existence of thedeath penalty to the crime of plan murder. In addition, this study also aims to determinepolicies of criminal law related to death penalty for the crime of plan murder accompanied bymutilation as an aggravating. The method used in this research was conducted normativelyby reviewing the primary and secondary which was collected based on collecting methodof normative law and for the technique of collecting its legal entity were used documentertechnique i.e the technique to analyze and collect on various documents that already existsby applying some kind of approach, namely, the approach of legislation, and analyticalapproaches. The analysis of research was presented in form of descriptive-analytical,systematic, constructive and argumentative.The death penalty against the crime of murder is still maintained and in force today inIndonesia, as contained in the provisions of Article 340 of the Criminal Code. Capitalpunishment are recognized in the criminal offense of premeditated murder, but the deathpenalty was alternatifed with other criminal types namely life imprisonment and a maximumof 20 years. Death penalty imposed in the case of things that are burdensome. By it didnot published things that incriminate a crime in the Criminal Code, the judge only includethings that are burdensome and ease generally. This certainly can not be released that theprovisions of Article 197 paragraph (1) Criminal Code incriminating things was imperatively.Regarding the criminal law policy relating to the death penalty for the crime of murder waslisted in Article 581 of the Criminal Code. In this case, the RUU KUHP did not include theCriminal Code specifically mutilation as a criminal aggravating reasons, however whenseen from the provisions of Article 55 paragraph (1), the mutilation may be a motive andpurpose of committing a crime (letter b); how committed the crime (letter e); as well as theattitudes and actions of after committing a crime (letter f).

Forensic medical science is a science that is used for legal purposes by providing scientific evidence that can be used in solving crimes, especially the crime of murder. This science studies the cause of death, identification, state of post-mortem corpses. This study will discuss the role of forensic medicine in uncovering the crime of premeditated murder in case no. 116/Pid.B/2019/PN.Bms. The research method used is normative juridical, which is carried out through a literature study that examines secondary data in legislation and other legal documents, research results, assessment results, other references and is equipped with interviews. This study concludes that forensic medicine plays an essential role in investigating the crime of premeditated murder in case no. 116/Pid.B/2019/PN.Bms because of the need to identify corpses that have become bones and charred, so how important it is that forensic medicine is poured into evidence in the letter category in the form of Visum et Repertum, which by police investigators is under Article 133 of the Criminal Procedure Code to be used as legal evidence in uncovering and seeking the material truth of a criminal act that occurred. Suggestions in this study include providing education to the public regarding the treatment of evidence and the crime scene to change the disclosure of cases. Keywords: Classification, Inheritance Certificate, Discrimination

The state of Indonesia is a state of law, when a child is in conflict with the law, the child faces public power which has the authority in the form of coercive measures that limit and even rob a number of children's rights in order to maintain public order. Children are gifts from God that must be protected and cared for according to their morals. The definition of a child in the Convention on the Rights of the Child which has been approved by the General Assembly on November 20, 1989, in Article 1 states that a child means every human being under the age of 18 (eighteen) years except under the law applicable to children. that maturity is reached more quickly. One of the cases that surfaced and became public attention was related to the crime of premeditated murder committed by minors, namely the case that occurred at the end of 2020 in the city of Bekasi. The perpetrator has been sentenced to 7 years in prison as stated in the decision of the Bekasi District Court Number 59/Pid.Sus-Anak/2020/PN Bekasi. Methods used: Normative juridical law research with analytical descriptive nature. Results of the study: The case started with hurt because previously Doni Saputra, who was the victim, forced to enter his genitals to Ahmad Yusuf, who was the defendant. But the defendant refused, but the defendant was threatened with a knife and the victim promised to give the defendant some money. However, because the amount of money continues to decrease and is often not paid, it creates feelings of resentment and hurt. Furthermore, on December 5, 2020, the perpetrator committed a murder which ended in the victim's death. Proof of elements of a criminal act of proof is planning to present evidence in the form of witness statements, letters, instructions for the defendant's testimony. The factor of the occurrence of the crime of murder committed by minors is caused by several factors, namely, factors within themselves (internal) and also factors around them (internal). Children commit the crime of murder because their emotional state is not stable and cannot control it properly and the child's lack of faith. Influences from outside the child such as the family who is not always there when needed, the weak economy and the circumstances of the surrounding environment also influence the child to commit the crime of murder. There are several factors that cause children to commit the crime of murder, namely: (1) Internal factors, namely emotional factors and religious factors, (2) external factors, namely family factors and environmental factors. Suggestion: for the community in particular parents should pay more attention to their children in the community environment so that unwanted things do not happen, especially murder cases, as parents must care for and protect children from the threat of crime that will befall them, in other words parents provide advice to children to be good children and not to commit crimes and to parents must provide sufficient education so that they can distinguish between good and bad.

The crime of premeditated murder is a term for premeditated murder by a person or a group of people who basically want to kill or eliminate someone's life. The crime of premeditated murder is regulated in the Criminal Code Article 340. The purpose of this writing is to find out what elements are contained in the crime of premeditated murder, whether there are elements of premeditated murder, the purpose of premeditated murder as well as the law or sanctions given and the responsibility of the crime. premeditated murder under Article 340 of the Criminal Code. The method used is library research method. The crime of premeditated murder is listed in the Criminal Code Article 340 with elements of a criminal act who, intentionally, plans ahead and takes the lives of other people. One of the main elements is the planned element. The element of planning in advance means that there is a distance or time between the intention to kill and the execution of the murder and the aim is to make the killing run smoothly. Sanctions for a crime are death penalty, life imprisonment and 20 years temporary imprisonment. A criminal act of premeditated murder must be held responsible for the actions that have been committed.

The criminal act committed by the perpetrator of premeditated murder is a very heinous act, because the perpetrator has the heart to kill for certain reasons even though he committed an act that is against the law. Criminal liability for the perpetrators of murder, especially premeditated murder, must be enforced. The problem in this study is how to regulate premeditated murder in Indonesia, the factors that cause the crime of premeditated murder and criminal liability for the perpetrators in the crime of premeditated murder. This study uses a normative juridical research method that collects literature data, namely laws and regulations, law books, judges' decisions, mass media and scientific journals related to the problems discussed in this thesis. The results of the research and discussion in this study are regarding the regulation of premeditated murder in Indonesia, which is listed in article 340 of the Criminal Code, the factors that cause premeditated murder are the revenge factor, personal factor, (mental disorder) situational factor, opportunity factor, willingness factor and criminal liability for the perpetrator in the crime of premeditated murder by looking at the elements of the act of resisting or violating law, the willingness of the defendant to be responsible, the element of guilt, the absence of justifying reasons and the reason for forgiveness are punished with the threat of the death penalty or life imprisonment or a maximum penalty of twenty years.

The crime of premeditated murder by minors against their own peers is a very cruel thing. The formulation of the problem in this study is what is the cause and how to deal with the crime of premeditated murder with child offenders and victims. The method used in solving the problem of this research is to use a Normative Juridical and Empirical Juridical approach. Based on the results of research and discussion, it is analyzed (1) Factors that cause the crime of premeditated murder with child offenders and victims, namely: Low levels of education and spiritual values, a hostile environment (Family, School and Society), Rapid technological development , Low economic ability. (2) Efforts in overcoming the crime of premeditated murder with child offenders and victims are preventive measures: conducting raids in the form of sharp weapons, checking identity in nightclubs, conducting legal counseling to schools and legal counseling in the form of interactive dialogue through electronic radio media and efforts Repressive: focuses on the judicial process in accordance with the provisions contained in Act Number 11 of 2012 concerning the Criminal Justice System for Children. The suggestion in this research is that it is expected that the Judges in deciding the case of a child who committed a murder crime does not merely use the means of punishment. Judges must prioritize child protection and must be more prudent in seeing the involvement of children, whether children are perpetrators or participating, so that judges are expected to provide facilities beyond the punishment of children who commit murder crimes, it is better for law enforcers to carry out law enforcement against children who commit premeditated murder must be mutually coordinate and prioritize children's rights. Law enforcement officials must provide comfort to children who commit crime, in order to improve the personality of children in the future, to further optimize counseling and dissemination by regional and municipal officials to schools and villages in order to increase the knowledge of citizens related to the impact of the community. commit a crime.

Mutilation is an act that causes the victim to die by taking the life and then dismembering the victim's body. This mutilation has the aim of eliminating traces of the murder. The Criminal Code Articles 338 and 340 serve as the basis for imposing sentences for the perpetrators of the crime of mutilation, but these two articles do not regulate and explain in detail about mutilation. Because there is no regulation that specifically regulates mutilation killings, the perpetrators of mutilation are subject to the same articles as those of ordinary murder and premeditated murder. Therefore, the problem that will be discussed in this paper is how the crime of murder by mutilation is in criminal law in Indonesia. The research method used is a normative juridical method using a statutory approach and a case approach. The results of the research obtained are that the crime of murder by mutilation gets special arrangements in the legislation so that there are special differences for the perpetrators so that they can provide protection and a sense of security to the community.

In Article 338 of the Criminal Code, the element of taking a life is formulated as een ander van het leven beroven which means "taking another person's life". Because the act or behavior of taking another person's life does not always contain an element of violence, whereas if the word oven is translated with the word plunder then the act must be carried out with violence. The research method used in this thesis is juridical-empirical. Juridical-empirical research is legal research regarding the application or implementation of normative legal provisions directly to each specific legal event that occurs in society. Data collection methods are techniques or methods that can be used by researchers to collect data. The technique of designating a word that is abstract and not manifested in objects, but its use can only be seen through: questionnaires, interviews, observations, exams (tests), documentation, etc. Based on the research results, in case 200/Pid.B/2023/PN Kabanjahe, the application of Article 338 of the Criminal Code (KUHP) as a basis for assessing the crime of murder has a number of aspects that need to be studied in depth. The Public Prosecutor charged the Defendant with many articles, starting from Article 170 paragraph (2) 3e of the Criminal Code to Article 55 paragraph (1) 1st of the Criminal Code. This shows the prosecutor's efforts to cover all actions carried out by the Defendant. However, the main focus should be on premeditated murder, which is regulated in Article 340 of the Criminal Code. In case 200/Pid.B/2023/PN Kabanjahe, the defendant Melina Simanjuntak alias Mamak Rani alias Ina Juntak was found guilty of committing the crime of murder accompanied by theft based on Article 339 of the Criminal Code in conjunction with Article 55 paragraph (1) 1st of the Criminal Code. The Panel of Judges considered a number of legal facts revealed during the trial, including the Defendant's direct involvement in the criminal acts committed with Jamando Sipayung. The use of strong evidence, such as bloodstains and valuables belonging to the victim, further strengthens the charges. Therefore, the Defendant was sentenced to prison for 15 years, with the period of detention already served being deducted from the sentence. Based on the research that has been carried out, it can be concluded that in case 200/Pid.B/2023/PN Kbj, the application of the elements The crime of murder as regulated in Article 338 of the Criminal Code has been carried out carefully. Apart from that, the consideration of the Panel of Judges in handing down sentences against perpetrators also reflects justice. The judge considers the background of the case, the perpetrator's motivation based on hurt feelings, and the impact of the act on the victim and his family

This study discusses problems related to the crime of premeditated murder committed by the former Head of the Propam Polri Inspector General Pol. Ferdy Sambo, S.H., S.I.K., M.H against his own adjutant Brigadier Nofriansyah Yosua at the Police Service's house. The purpose of this research is to find out 1. What is the motive of the perpetrators of the premeditated murder? 2. What are the criminal sanctions imposed on the perpetrators of the crime of premeditated murder? This research method is normative legal research, with a case study approach based on the decision of the South Jakarta District Court No. 796/Pid.B/2022/PN JKT.SEL. Sources of data in this study using Primary, Secondary and Tertiary data sources. Normative juridical analysis. Research Results 1. The perpetrator's motive for premeditated murder of the victim was based on the story of the perpetrator's wife named Putri Candrawathi who claimed to have been abused by the victim in Magelang, which made the perpetrator angry and killed the victim by shooting the victim with a firearm. 2. The defendant Ferdy Sambo, S.H., S.I.K., M.H., in court has been proven legally and convincingly guilty of committing the crime of "participating in premeditated murder" AND "without the right to take action which results in the electronic system not working properly which was carried out jointly same” as the First Primary Charge and the Second First Primary Charge from the Public Prosecutor, so that the perpetrator by the panel of judges was sentenced to death penalty. Suggestions When we get some information, it is best if the information obtained first is clarified or asked for the truth so that we are not mistaken in taking an action and drawing conclusions. So that it can avoid actions that can be detrimental to both parties.

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.

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.

The crime of premeditated murder can also be committed by women in the family, which increases along with the development of society. This type of research is normative with statutory and conceptual approaches. The data used is secondary data consisting of primary, secondary and tertiary legal materials. Factors causing the criminal offence of premeditated murder committed by women in the family are due to factors within the perpetrator, namely revenge, envy, heartache and mental disorders as well as factors from outside themselves which include economic factors, lack of appreciation of religion and lack of legal knowledge. For this reason, it is suggested that women should not commit premeditated murder against family members because the threat of punishment is very high and very detrimental to the perpetrator and that efforts to overcome premeditated murder against the family by women are carried out by all parties, especially families with a religious approach.

Murder is an inhuman crime, where the perpetrator of the crime kills with the intention of being planned in advance because it will kill other people's lives for a specific purpose, this crime is a crime of enmity between individuals and groups so that the victim is helpless, so the police investigator reveals his identity. Carefulness is needed. The problems discussed are what are the factors causing the crime of murder and how are the efforts to overcome the crime of murder. The research method used is normative juridical research. Data collection is based on literature study, based on the results of the research that the author has done, the factors that cause murder are internal and external factors. Internal factors, namely internal factors, and external factors, namely economic, environmental, and family factors. Efforts to tackle the crime of murder, namely penal and non-penal measures, are efforts to reduce the space for movement and opportunities for the committing of crimes. The suggestion in this research is that there is a need for cooperation between legal institutions and the government through police and military officers to prevent and cope with future premeditated murder, prosecutors and judges are requested to be able to prosecute and impose the maximum possible punishment on the perpetrators of the murder guided by the Criminal Code.