Analisis Penerapan Pemidanaan oleh Hakim dalam Tindak Pidana Pembunuhan Berencana Disertai Kekerasan(Studi Putusan Kasasi No. 4238 K/Pid.Sus/2022)

Abstract

Premeditated murder accompanied by violence constitutes a grave criminal offense against human life, bearing significant implications for social and legal order. This crime not only contravenes legal norms but also violates fundamental principles of humanity. This study examines the case of the defendant YT alias T, who was sentenced to death under Supreme Court Decision No. 4238 K/Pid.Sus/2022 for the premeditated killing, rape, and assault of two victims. The research focuses on three main issues: the legal regulation of premeditated murder with violence under the Indonesian Penal Code (KUHP), the elements of criminal liability imposed on the perpetrator, and the differing judicial considerations in sentencing across the various levels of court proceedings. This study employs a normative legal research method with a descriptive-analytical approach, utilizing both statutory and case approaches. The data used comprises secondary legal materials, including primary, secondary, and tertiary sources, collected through literature review and document analysis. The data were analyzed qualitatively with conclusions drawn through deductive reasoning. The findings indicate that the KUHP systematically regulates premeditated murder with violence through Article 340 and other related provisions. The defendant was legally proven to fulfill all elements of criminal responsibility, both in terms of culpability and capacity. At the cassation level, the Supreme Court adopted a purely retributive approach by imposing the death penalty, contrasting with the integrative approach taken at the district and appellate courts, which had imposed life imprisonment. This divergence reflects differing emphases on the underlying purposes of sentencing across the judicial hierarchy.