DASAR PERTIMBANGAN PUTUSAN HAKIM TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA

UTAMI, LUDDINI NOVIYANTI (2016) DASAR PERTIMBANGAN PUTUSAN HAKIM TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA. . pp. 1-11.

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Abstract

This research intended to know the consideration of the judge in making decision of planned murder criminal action and whether the decision of the judge in planned murder criminal action had been appropriate to the implementation of the Article 340 of Criminal Code. Case of this research is the Sleman District Court Resolution No: 259/Pid.Sus/2013/PN.Slmn. This research was a descriptive research, and if it seems from the purpose it includes as normative legal research. The location of research was in Sleman District Court. The type of data used was secondary data. The technique of data collection used was documentary study, either from books, regulations, and archives. Technique of data analysis used was qualitative analysis technique by interactive model. Result of this research shows: (1) Obstacles encountered a judge to make a decision in the case of planned murder comes from several factors, such as the defenders statements, the witness who was too convoluted or contrived, and the presence of contradictions testimony between witnesses; (2) Judge considerations in cases of Sleman District Court No. 259/Pid.Sus/ 2013/ PN.Slmn, based on consideration of the juridical and sociological considerations. Juridical considerations include the testimony of witnesses and the accused as well as the elements contained in Article 340 of the Criminal Code, and sociological considerations partly because defendant disturbing the public. In addition to the actions of the defendant have included in sadistic and inhumane acts.

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