Pembuktian Tindak Pidana Secara Bersama-sama Melakukan Pembunuhan Dalam Perkara Nomor:202/PIID.B/2017/PN.PBR

Jayeni, Anggun Sri (2021) Pembuktian Tindak Pidana Secara Bersama-sama Melakukan Pembunuhan Dalam Perkara Nomor:202/PIID.B/2017/PN.PBR. Other thesis, Universitas Islam Riau.

Preview

Text 151010423.pdf Download (715kB) | Preview

Abstract

Indonesia is a country with a high crime rate, so it is very necessary to have law enforcement efforts that are very useful to provide a sense of security and comfort. In law enforcement, this is done so that people do not feel anxious and afraid of safety in everyday life. In general, the offense contained in the Criminal Code is addressed to the legal subject "person", for example the subject of the offense in Article 340 of the Criminal Code, namely "whoever", it is clear what is meant by "whoever". is a person and that person is only one. In reality a crime is not only committed by one person. Sometimes a crime is also committed by two or more people to settle an offense. In the teachings of criminal law where an offense is committed by one or more people, each person commits certain forms of action, and from that act a criminal act is born which is called inclusion or deelneming or not. which is inhumane and prohibited by religion, so the act cannot be done. The formulation of the problem in this study is to prove the crime of murder in the case study and the panel of judges in carrying out the prosecution of the crime of murder. This research uses normative legal research methods. Where the author conducts research by studying the court decision file in case no. 202/Pid.B/PN Pbr. Coupled with the study of primary, secondary, and tertiary data, reading materials, books, literature, expert opinions related to the subject of this research. Data analysis, namely after the authors obtained the necessary data from primary, secondary and tertiary legal materials, then the data were summarized and assembled in the form of systematic sentences. From the results of this study it can be concluded that the joint proof of the criminal element of murder based on Article 338 of the Criminal Code in conjunction with Article 55 paragraph (1) 1 of the Criminal Code in Decision Number: 202/Pid.B/2017/PN Pbr is correct. As stated by the Public Prosecutor, by using the indictment letter, namely the Primary Indictment, the Defendant's actions violated Article 340 of the Criminal Code, the main element of which was a premeditated act. In addition, the consideration of the Panel of Judges in imposing a sentence according to the author is appropriate and in accordance with the applicable provisions. This is because it is based on the testimony of valid witnesses and defendants as well as the post-mortem evidence that has been disclosed by the Public Prosecutor.

Actions (login required)

View Item