Pertanggungjawaban Pidana Pembunuhan Berencana di Indonesia (Studi Putusan Nomor: 158/Pid.B/2015/PN.Lbp)

Abstract

The crime committed by the premeditated murderer is a nefarious act, because the offender is willing to kill people for certain reasons despite the actions that are against the law. The criminal liability for the murderers, especially the premeditated murder, must be upheld. The problems in this study are arrangements on premeditated murder in Indonesia, factors as the cause of premeditated murder and criminal liability for perpetrators in criminal acts of premeditated murder. The theory used in this research is the theory of accountability and theory of justice. The method of research in this writing is a normative method that collects literature data that is legislation, law books, judges verdict, mass media and scientific journals related to the problems discussed in this thesis. The results of the study and discussion in this study are about the arrangement of premeditated murder in Indonesia which is listed in Article 340 of the Criminal Code, the factors as the cause of premeditated murder are the factors of revenge, personal factors (mental disorder), situation factors, opportunity, willingness factor, willingness factor, weakness of faith and drinking or drugs factor and criminal liability for perpetrator in murder murder action by paying attention to element doing unlawful action, existence of responsible ability, element of mistake, absence of justification and the excuse of forgiveness is punishable by death or criminal penalty for life or criminal life for twenty years.