Malau, Claudia Debora (2023) Pembuktian Tindak Pidana Percobaan Pembunuhan Dengan Menggunakan Senjata Api. Other thesis, Fakultas Hukum.

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Abstract

Murder is the act of a person taking the life of another person where the perpetrator must carry out a series of actions which result in the death of another person with the occurrence of opzet (deliberately) from the perpetrator which must be aimed at the consequences in the form of death or loss of the other person's life. The provisions for the crime of Attempted Murder are regulated in article 338 Jo article 53 paragraph 1 of the Criminal Code, therefore, the crime of Attempted Murder can be called a very minor or even very large crime, because it can be considered from the inner elements when a person is said to have committed a crime of attempted murder. The main problem in this research is how is the process of proving the criminal act of attempted murder using a firearm in Decision Number: 505/Pid.B/2021/PN.Pbr and what are the legal considerations of the panel of judges in deciding a criminal case of attempted murder using a firearm. The research conducted is normative legal research. by reviewing document studies using secondary data, namely laws and regulations and court decisions. The data studied were obtained from the decision document for case Number 505/Pid.B/2021/PN.Pbr as well as direct interviews with the judges involved in giving decisions in this case Based on the results of the research, it can be understood that the process of proving the crime of attempted murder using a firearm, the judge uses a system of negative evidence based on the indictment of the public prosecutor and considerations from the facts of the trial, namely that the defendant was proven in his actions to fulfill the elements of whoever, there was intention, the act was carried out, and the implementation was not completed, not the will of the perpetrator himself, and committed murder. Whereas the legal considerations of the panel of judges in deciding case Number 50/Pid.B/2021/PN.Pbr were based on consideration of the facts that arose in the trial, the panel of judges based on the law and their convictions imposed a prison sentence of 3 (three) years and 6 (six) months to the Defendant by taking into account the aggravating circumstances and the mitigating circumstances for the Defendant.

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