ANALISIS YURIDIS TERHADAP SANKSI TINDAK PIDANA PEMBUNUHAN YANG DISERTAI PENCURIAN MENGAKIBATKAN HILANGNYA NYAWA ORANG LAIN (Studi kasus putusan Nomor : 1503/Pid.B/2019/Pn.Tng)

Abstract

Crime is a conduct that has all been regulated in the Criminal Code, one form of criminal act is murder accompanied by theft resulting in the loss of another person's life. The problem raised in this study is whether the application of the judge's verdict is correct in imposing a crime based on the decision of the District Court Tangerang Number 1503/Pid.B/2019/PN.TNG and what factors caused the defendant to commit the crime of theft accompanied by murder. The purpose of this study was to determine whether the judge was right to give a verdict in imposing a sentence on the defendant and to find out what factors caused the defendant to commit the crime of theft and result in the death of a person. This type of research is normative juridical, the nature of the research used is descriptive analysis, so that the primary and secondary data are then analyzed qualitatively to obtain scientifically justifiable answers. The theoretical basis refers to the "Book of the Criminal Code Article 338 and Article 365 paragraph (3)". The results showed that the judge sentenced the defendant to 13 (thirteen) years in prison "Article 338 of the Criminal Code regarding murder" the panel of judges did not try the defendant in Article "365 paragraph (3) of the Criminal Code concerning Theft resulting in the loss of another person's life" and that the factor of the defendant The reasons behind committing the theft are economic factors, social media that triggers the defendant to commit theft, emotions and temperament and do not have good spiritual values ​​and based on evidence of theft and Visum Et Repertum which have been proven to meet the elements of committing the crime of murder.