Kajian Hukum Tentang Pembunuhan Berencana Terhadap Sekeluarga Di Medan Studi Kasus Putusan Nomor : 2305/Pid. B/2017/PN Medan

Penulis

  • Muhammad Yasir Ramli
  • Syahrul Bakti Harahap

Abstrak

Premeditated murder is one of the crimes that often occurs in this country which is getting more and more concerning and not a few of these crimes use new and very sadistic ways by the perpetrator in carrying out his actions, which can trick the police so that the perpetrator's actions cannot be known.So to avoid the mode of crime that occurs, good expertise from the investigator is needed to disclose the existence of a criminal act or crime that occurred.The formulation of the problems taken in this study is: 1) How is the Criminal Liability of the Perpetrators of the Crime of Premeditated Murder in judgment No. 2305/Pid.B/2017/PN.Mdn. How are the Legal Considerations of the Judge in Imposing the Criminal Judgment of Premeditated Murder in judgment No. 2305/Pid.B/2017/PN.Mdn In the research conducted by the author, legal research is currently used that is normative or normative juridical.In this type of legal research, often the law is perceived as what is written in the laws and regulations (law in books) or the law is conceptualized as a rule or norm that is a benchmark for human behavior The results of the research in this thesis are The responsibility of the criminal act of murder, which is carried out by planning to be insinuated in liability in criminal law which is always associated with the problem of liability in criminal acts deprivation of life, intentionality or negligence there is no forgiving reason for the criminal act of premeditated murder.The provisions of article 340 of the Criminal Code apply to the crime of premeditated murder. The Judge's consideration in imposing a sentence against the perpetrator of the crime of premeditated murder in the study of judgment No. 2305/Pid.B/2017/PN Medan, defendant Andi Matalata with due regard to Article 340 of the Criminal Code which is based on evidence and juridical facts revealed at the trial.The Panel of Judges in its previous considerations paid attention to the prosecutor's indictment, the testimony of witnesses, the defendant's testimony, evidence, other evidence such as letters and instructions, as well as prosecutor's demands.The judge's consideration contains incriminating and mitigating matters in deciding the crime against the accused.The judge's other considerations came from the side of humanity.

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2022-07-01

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