Sihaloho, Rahmat (2024) Pembuktian Tindak Pidana Turut Serta Dalam Pembunuhan Berencana ( Studi Kasus Putusan Nomor 798/pid.b/2022/pn.jkt.sel ). Other thesis, Universitas Islam Riau.

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Abstract

ABSTRACT The article in this research discusses the murder plan carried out by Ferdy Sambo, Rizal Ricky Wibowo, Kuat Ma’ruf, Putri Chandrawati and Richard Eliezer against Nofriansyah Yosua Hutabarat. Richard Eliezer has the status of Justice Collaborator. In court decision No.798/Pid.B/2022/PN.JKT.SEL the defendant was tried separately with four other defendants and received protection from the Witness and Victim Protection Agency (LPSK). Justice Collaborator is a witness who cooperates with law enforcement officials in uncovering a particular criminal act. Justice Collaborator is regulated in SEMA No. 04 of 2011 concerning Reporting Witnesses (Whistleblowers) and Perpetrator Witnesses who cooperate (Justice Collaborator) in certain criminal acts and Richard Eliezer is given protection by the Justice Collaborator by the Witness and Victim Institution in accordance with Law no. .31 of 2014 concerning Witness and Victim Protection. The main problem in this research is the mechanism for applying Justice Collaborator in the crime of premeditated murder and the judge’s considerations in applying Justice Collaborator to the defendant based on decision No.798/pid.B/2022/PN.JKT.SEL. The method used in the research is normative legal research where the data is obtained from library materials, the legal materials used are primary legal materials including the Criminal Code, Criminal Procedure Code, SEMA No. 4 of 2011, Law no. 31 of 2014 and Court Decision No. 798/Pid.B/2022/PN.JKT.SEL. Meanwhile, secondary legal materials are obtained from books, journals, previous theses, etc. The findings from the research discussed are the process of implementing Justice Collaborator against Richard Eliezer in the crime of premeditated murder with reference to Supreme Court Letter Number 04 of 2011 concerning Whistleblower Witnesses and Perpetrator Witnesses who cooperate (Justice Collaborator) in certain criminal acts, and in follow by Law no. 31 of 2014 concerning the Protection of Witnesses and Victims turns out to be the one that reaps the pros and cons because this criminal act of murder is not clearly regulated as a criminal act that requires a Justice Collaborator, and likewise the conditions for a Justice Collaborator who is not the main perpetrator are not considered by the judge because Richard Eliezer had an important role in the disappearance of Yoshua Hutabarat’s life. Keywords:

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