Pembuktian Unsur Niat pada Pelaku Tindak Pidana Pembunuhan Berencana dan Kekerasan Fisik dalam Rumah Tangga yang Mengakibatkan Kematian (Analisa Putusan Pengadilan Negeri Nomor 101/Pid.B/2023/PN Btm dan Putusan Pengadilan Tinggi Nomor 53/PID/2023/PT TPG)

Abstract

Evidence plays a role in convincing the judge about the truth of the arguments put forward and evidence is used to show and ensure the truth and becomes the basis for the judge in making a fair decision. In a criminal act, the intention and initiation of implementation are important elements that indicate deliberate intent. Premeditated murder is a type of crime against life where planning must be carried out calmly. Physical violence is a form of domestic violence that involves a cause-and-effect relationship between the perpetrator's actions and the resulting consequences. The same is true of the relationship between action and death in the crime of murder. However, the difference with murder lies in the intention of the perpetrator. The formulation of the problem in this research is: (1) How is the criminal act of premeditated murder and physical violence in the household resulting in death regulated?, (2) How is the proof of a criminal act according to criminal procedural law and its relation to proving the element of the perpetrator's intention in a criminal act? premeditated murder and domestic physical violence that resulted in death? (3) What are the differences in the judge's considerations in proving the crime of premeditated murder and domestic physical violence that resulted in death in District Court Decision No. 101/Pid.B/2023/PN Btm and PT Decision No. 53/PID/2023/PT TPG?. The research method used in this thesis is a normative juridical method by analyzing District Court Decision Number 101/Pid.B/2023/PN Btm and High Court Decision Number 53/PID/2023/PT TPG. The research results show that the crime of premeditated murder is regulated in Article 340 of the Criminal Code and Article 459 of Law no. 1 of 2023 concerning the Criminal Code. Criminal acts of abuse committed within the family are regulated in Article 356 of the Criminal Code and Article 44 of Law no. 23 of 2004 concerning PKDRT. Second, proof of the intent of the perpetrator of the crime of premeditated murder and physical domestic violence must be examined carefully and wisely to assess the evidentiary strength of each piece of evidence. Third, the judge's considerations in PN Decision No. 101/Pid.B/2023/PN Btm and PT Decision No. 53/PID/2023/PT TPG must pay more attention to the importance of the perpetrator's intent in qualifying the type of criminal act.