Analisis Perbedaan Putusan Hakim dalam Tindak Pidana Pembunuhan (Studi Putusan Nomor 59/Pid.B/2021/PN LBH dan Putusan Nomor 10/Pid/2022 PT TTE)

Abstract

The Republic of Indonesia is a state of law based on Pancasila and the 1945 Constitution which truly upholds human rights and guarantees citizens together with their position in law and government with no exceptions, while to ensure obedience and compliance with the law is in the hands of all citizens, for this reason the Criminal Code regulates Crimes Against Life so that the level of crime and criminality in Indonesia can be controlled. This thesis contains several problem formulations, namely as follows: 1) How is the Criminal Law Regulation on the Crime of Murder in Indonesia?; 2) How are the Theories of Judges' Decisions in Criminal Offenses in Indonesia?; 3) How is the Juridical Analysis of the Judge's Decision in the Crime of Murder Based on District Court Decision No. 59/Pid.B/2021/PN LBH and PT Decision No. 10/Pid/2022/PT TTE? This research aims to find out how the judge's decision on the murder case contained in District Court Decision No. 59/Pid.B/2021/PN LBH and PT Decision No. 10/Pid/2022/PT TTE. The research method used in writing this thesis is the normative juridical research method, namely research using secondary data. In District Court Decision No. 59/Pid.B/2021/PN LBH and Court Decision No. 10/Pid/2022/PT TTE, the judge handed down a verdict of persecution resulting in death in the District Court and handed down a verdict of murder in the Court of Appeal. The difference in the decision is based on the different considerations of the Labuha District Court Judges and the Court of Appeal which have been explained by the Appeal Judge based on Jurisprudence Number 1/Yur/2018, that the defendant's actions are no longer solely to weaken the victim so that he can rape her, but have led to the loss of the victim's life. The government, law enforcement officials and the community must work together to reduce the number of cases of murder or persecution in order to create security and strict sanctions in the form of prison sentences and fines that must be applied indiscriminately and the provisions in the Criminal Code should provide strict understanding and limits on murder.