Analisis Dasar Pertimbangan Hakim Terhadap Tindak Pidana Pembunuhan Berencana Secara Bersama-sama Pada Perkara No : 236/pid.b/2018/pn.pbr

Ritonga, Wildan Ambron (2019) Analisis Dasar Pertimbangan Hakim Terhadap Tindak Pidana Pembunuhan Berencana Secara Bersama-sama Pada Perkara No : 236/pid.b/2018/pn.pbr. Other thesis, Universitas Islam Riau.

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Abstract

Criminal action in the case of decision No: 236 / Pid.B / 2018 / Pn.Pbr that happened in the Pekanbaru District Court in the case of planned murder together, the basis of the criminal act of premeditated murder is article 340 of the Criminal Code "Whoever and with plans first seizes the lives of others, are threatened because of planned killings, with capital punishment or imprisonment for life or for a certain period of time, a maximum of twenty years ". This study aims to find out how the trial process is and how the basis of judges' consideration for the crime of premeditated murder together in the case No: 236 / Pid.B / 2018 / PN.Pbr, and to find out whether the court ruling against the perpetrators of the crime of premeditated murder jointly on the decision number: 236 / Pid.B / 2018 / PN.Pbr has fulfilled a sense of substantive justice. The method used by the author in this study is the legal method of observational research, namely by surveying or directly reviewing the location of the study using a data collection tool, namely interviews with judges of the Pekanbaru District Court who decided the case No: 236 / Pid.B / 2018 / PN.Pbr . While the nature of this research is descriptive, namely the author tries to give a detailed description. Namely describing the problem that is found to be interrelated and interrelated logically and juridically to know the description in a clear and detailed manner about the case of decision No: 236 / Pid.B / 2018 / PN.Pbr. From the results of the study that the application in the judge's decision in the case No: 236 / Pid.B / 2018 / PN.Pbr, in accordance with the criminal acts committed by the defendants had fulfilled the elements of carrying out premeditated murder on Article 340 of the Criminal Code Jo Article 55 Paragraph (1) to 1 of the Criminal Code. The imposition of a criminal verdict by the Panel of Judges on the defendant by making judgments in accordance with the evidence and the facts revealed in the court clearly and transparently is seen in the evidence, so that the Judge decides the criminal sanctions against the defendant: 17 (seventeen) years. What should be the Judge sentenced a criminal sentence against the defendant with capital punishment or imprisonment for life or for a certain period of time, at most twenty years according to Article 340 of the Criminal Code. And also the judge does not understand the meaning of substantive justice, where substantive justice is justice created by the judge in his decisions based on the results of his excavation of a sense of justice in the midst of society without the sound of Article Law. In accordance with Law Number 48 of 2009 concerning Judicial Power, Article 5 paragraph (1) also states: "Constitutional justices and judges must explore, follow, and understand the legal values and sense of justice that live in society."

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