ANALISIS YURIDIS TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA ( STUDI KASUS PUTUSAN NOMOR 51/PID.B/2019/PN.TBH )

Anindyta, Rizkyfia Desya (2021) ANALISIS YURIDIS TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA ( STUDI KASUS PUTUSAN NOMOR 51/PID.B/2019/PN.TBH ). Universitas Muhammadiyah Gresik, 1 (2). pp. 41-48. ISSN 2797-1058

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Abstract

Laws are rules made to create a prosperous, orderly, safe society, and those who break the law will be subject to sanctions. Law in Indonesia is divided into several fields, one of which is civil law and criminal law. Criminal law is a law that regulates actions that are prohibited by law, as well as the threat of sanctions in the form of imprisonment, fines, imprisonment, and the death penalty for violators of the law. One form of criminal action is premeditated murder. In this thesis, there are two problem formulations, namely what elements influence the occurrence of the crime of premeditated murder in the Case Study Decision Number 51/Pid.B/2019/PN.Tbh and How are the judges' considerations on Decision Number 51/Pid.B/2019/PN .Tbh about the crime of premeditated murder. The purpose of this research is to find out how to solve premeditated murder cases, to know more about premeditated murder cases, to know the meaning, types of murder and the elements of premeditated murder. The benefit of this research is that it can become information or reference for further research on the juridical review of premeditated murder, besides that it can also be a thought in the application of criminal sanctions against the crime of premeditated murder. In this study, three approaches are used, namely the law approach, the conceptual approach and the case approach. The elements of the criminal act of premeditated murder carried out by the perpetrator based on the decision case Number 51/Pid.B/2019/PN.Tbh have been proven to meet the element of whoever, the element of eliminating other people, the element of intentional, and the element of pre-planned. The consideration of the Panel of Judges before issuing the decision Number 51/Pid.B/2019/PN.Tbh according to the author is in accordance with the applicable legal rules by considering aggravating things and mitigating things for the perpetrators. In this case, the perpetrator has also been declared an adult according to the law, where the perpetrator is 20 (twenty) years old and is legally capable.

Item Type:	Article
Uncontrolled Keywords:	premeditated murder, crime, criminal law
Subjects:	Law
Divisions:	Faculty of Law > Law Study Program
Depositing User:	Rizkyfia Desya Anindyta
Date Deposited:	30 Sep 2021 08:49
Last Modified:	10 Jan 2022 08:16
URI:	http://eprints.umg.ac.id/id/eprint/5277

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