RATIO DECIDENDI PADA PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DISERTAI MUTILASI (STUDI PUTUSAN NOMOR: 44/PID.B/2014/PN.SRP DAN PUTUSAN NOMOR: 349/PID.B/2023/PN.SMN)

Muttaqin, Habib Hussein (2025) RATIO DECIDENDI PADA PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA DISERTAI MUTILASI (STUDI PUTUSAN NOMOR: 44/PID.B/2014/PN.SRP DAN PUTUSAN NOMOR: 349/PID.B/2023/PN.SMN). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This study aims to determine the fulfillment of the elements of mens rea and ratio decidendi of the judge in imposing criminal sanctions on the perpetrators of premeditated murder in the study of Decision Number 44/Pid.B/2014/PN.Srp and Decision Number: 349/Pid.B/2023/PN.Smn. This writing was compiled using normative legal research methods and with a statutory approach, case approach, and conceptual approach. The results of this study are the differences in the decision-making by the panel of judges in Decision Number 44/Pid.B/2014/PN.Srp and Decision Number: 349/Pid.B/2023/PN.Smn. Both decisions are related to premeditated murder, however, the panel of judges issued different decisions. In Decision Number 44/Pid.B/2014/PN.Srp the judge sentenced him to life imprisonment due to the judge's consideration that the defendant still had family responsibilities, including toddlers. In Decision Number: 349/Pid.B/2023/PN.Smn, the panel of judges sentenced the defendant to death on the grounds that the panel of judges found no mitigating circumstances. According to the author's analysis, Decision Number 44/Pid.B/2014/PN.Srp should also have been sentenced to death because the murder committed was considered premeditated murder in accordance with Article 340 of the Criminal Code.

Item Type:

Thesis (Undergraduate)

Contributors: