PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA
TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA
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Institusion
Universitas Atma Jaya Yogyakarta
Author
Sitepu, Syahrudianto
Subject
Kenegaraan dan Pemerintah
Datestamp
2013-05-06 13:32:44
Abstract :
This research intended to know the consideration of the judge in making decision of planned murder criminal action and whether the decision of the judge in planned murder criminal action had been appropriate to the implementation of the Article 340 of Criminal Code. This research was a descriptive research, and if it seems from the purpose it includes as normative legal research. The location of research was in Sleman State Court. The type of data used was secondary data. The technique of data collection used was documentary study, either from books, regulations, and archives. Technique of data analysis used was qualitative analysis technique by interactive model. Based on this research it gained result that decision of the judge in taking decision of planned murder criminal action were: the facts founded in the trial session, whether the elements of the article sued by the general prosecutor to the accused had been fulfilled, there are at least two valid verifying materials, the faith of the judge that a criminal action has been actually happened and the accused who has been founded as guilty to conduct this crime, whether there are any matters can be a verifying reason or forgiving reason which can decrease the characteristic of legal violation from the action of the accused, and the consideration on the matters that make heavier or decrease the charge of the accused. The decision of the judge in criminal action of murder which is conducted intentionally has been appropriate to the implementation of the Article 340 of Criminal Code, by reason the elements in the Article 340 of Criminal Code, i.e. element ?intentionally?, element ?eliminate?, element ?life?, and element ?initially planned? had been fulfilled by the accused in trial, thus the judge sentence the equal charge to the accused appropriately to the crime he had conducted.
This research intended to know the consideration of the judge in making decision of planned murder criminal action and whether the decision of the judge in planned murder criminal action had been appropriate to the implementation of the Article 340 of Criminal Code. This research was a descriptive research, and if it seems from the purpose it includes as normative legal research. The location of research was in Sleman State Court. The type of data used was secondary data. The technique of data collection used was documentary study, either from books, regulations, and archives. Technique of data analysis used was qualitative analysis technique by interactive model. Based on this research it gained result that decision of the judge in taking decision of planned murder criminal action were: the facts founded in the trial session, whether the elements of the article sued by the general prosecutor to the accused had been fulfilled, there are at least two valid verifying materials, the faith of the judge that a criminal action has been actually happened and the accused who has been founded as guilty to conduct this crime, whether there are any matters can be a verifying reason or forgiving reason which can decrease the characteristic of legal violation from the action of the accused, and the consideration on the matters that make heavier or decrease the charge of the accused. The decision of the judge in criminal action of murder which is conducted intentionally has been appropriate to the implementation of the Article 340 of Criminal Code, by reason the elements in the Article 340 of Criminal Code, i.e. element ?intentionally?, element ?eliminate?, element ?life?, and element ?initially planned? had been fulfilled by the accused in trial, thus the judge sentence the equal charge to the accused appropriately to the crime he had conducted.
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