PERTIMBANGAN HAKIM DALAM PENJATUHAN HUKUMAN MATI TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Kasus Putusan Pengadilan Negeri Sekayu Nomor:674/Pid.B/2013/PN.SKY)
Daftar Isi:
- The judges' verdict is the culmination of a case that is being examined and tried by the judge. Therefore, of course, the judge in making the decision must consider all aspects in it and is based on considerations of judges both formal and meteriil. Therefore, the authors are interested in researching on "Considerations The judge in the imposition of death sentences on perpetrators of criminal acts of premeditated murder (case study Sekayu District Court's Decision No. 674 / Pid.B / 2013 / PN. SKY)". Based on the description above, the identification of problems in this thesis is as follows: 1). Are the reasons to be considered in the public prosecutor demanded a life sentence in a criminal act of premeditated murder? 2). Are the reasons that are considered by the judge in imposing the death penalty in the criminal act of murder? 3). How is the perspective of justice for the perpetrators of the death penalty and the victim's family? The method used in this research is normative research will focus its research on the decision by the District Court Sekayu Number: 674 / Pid.B / 2013 / PN.SKY who had sentenced him to death. The study will examine whether the imposition of the death penalty in accordance with the applicable legal norms and what is the basis for consideration of the judge that imposed the death penalty on offenders, along with a case study approach (case approach), District Court Sekayu 674 / Pid.B / 2013 / PN. SKY on behalf rusik Abdullah Bin Muhtar, the point of departure in Article 340 of the Criminal Code, to explore the theory that influence the judge in the imposition of the death penalty. The conclusion of this study that: 1). Basic considerations prosecutors based on a proven / fulfillment of the primary charges Article 340 of the Criminal Code Jo Article 55 Paragraph (1) All 1 Criminal Code and considerations SE Guidelines Demands Criminal Case Crime against persons and Possessions (Oharda) so that the defendant Abdullah rusik Bin Muhtar prosecuted by category the fact his actions and facts deeds trial defendant Abdullah Bin Muhtar rusik included in Category I that may be filed Criminal imprisonment life or the longest 20 years. 2). Consideration judge on case number 674 / Pid.B / 2013 / PN.Sky based on the consideration that the fulfillment of juridical formulation of Article 340 of the Criminal Code offense Jo Article 55 Paragraph (1) All 1 Criminal Code, so that the crime of murder committed by Abdullah Bin rusik Muhtar, legally and convincingly meets the formulation of offense as provided for in Article 340 of the Criminal Code. 3). The judges' verdict should mengadung perspective of justice for perpetrators of death row inmates and their families, Actions maker / doer of evil considered extraordinary that a prison sentence was considered disproportionate to back at him, then the death penalty is considered a fair punishment, appropriate and commensurate to the actions. The imposition of capital punishment would satisfy the feeling of revenge in the victim / victim's family, the feeling of justice for himself, his friends or his family, indicative of sentences are intended as a warning to members of the public (maker / offenders otherwise) that any actions that harm others or gain from others is not fair it will receive any reward criminal fairness meant to indicate a balance between the weight of a crime with a sentence imposed so-called proportionality.