ANALISIS YURIDIS PERTIMBANGAN PUTUSAN HAKIM TENTANG TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Kasus Putusan Pengadilan Tinggi DKI Jakarta Nomor 490/PID/2020/PT DKI)

Abstract

This study examines the judicial considerations in deciding a case of premeditated murder, based on the High Court of DKI Jakarta Decision Number 490/PID/2020/PT DKI. Premeditated murder is a serious criminal offense regulated under Article 340 of the Indonesian Criminal Code (KUHP), carrying severe penalties. However, in this case, the primary charge under Article 340 was dismissed, and the defendant was convicted under Article 338 for ordinary murder. The purpose of this research is to analyze the legal basis of the judge’s considerations in rendering the verdict and to assess the legal consequences if the judge’s interpretation of the trial facts is inaccurate. This normative legal research employs statutory, conceptual, and case approaches. The findings reveal that the panel of appellate judges concluded that the element of “premeditation” was not fulfilled due to the absence of sufficient time between the emergence of intent and the execution of the act, leading to the classification of the act as ordinary murder. This ruling may spark debate regarding the appropriateness of criminal law application. The study is expected to contribute to the development of criminal law scholarship and serve as a reference for legal practitioners handling similar cases.