ANALISIS YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN SECARA BERSAMA-SAMA

Abstract

The Republic of Indonesia is a country of law, this is confirmed in the constitution, especially in the provisions of Article 1 paragraph (3) of the 1945 Constitution that Indonesia is a State of Law, not a State of Power. This affirmation means that all aspects of life in this country must be based on the rule of law. This condition causes legislative regulations to play an important role as the basis and strategy for the state to achieve the goals that have been determined. Premeditated murder is the crime of taking the life of another human being, or killing, after planning the time or method, with the aim of ensuring the success of the killing or to avoid arrest. The aim of this research is to analyze the perspective of Indonesian criminal law regarding life imprisonment or the death penalty in cases of premeditated murder and to analyze the judge's consideration of the acquittal in this case in accordance with the expectations of law and justice. The nature of the research is descriptive. Analysis and sources of research data are of the normative juridical type. Researchers use the theoretical framework of grand theory, middle theory, applied theory. It is hoped that the results of this research will provide an illustration that premeditated murder in Article 340 of the Criminal Code is punishable by life imprisonment or death, depending on the planning elements and mitigating or aggravating factors. However, in this case, the judge decided to acquit because the evidence was not strong enough and there were doubts about the defendant's involvement. The main aim of this research is to provide recommendations to judges in criminal cases who must carefully consider evidence, information and legal rules, as well as non-juridical aspects such as community justice. Decisions must restore the defendant's rights and consider the impact on the defendant and society. Case costs must also be managed fairly, emphasizing the importance of integrating juridical and non-juridical considerations.