Analysis of Evidence Elements Intentional and Planning on the Crime of Planning Murder in the Decision of the East Jakarta State Court Number 490/Pid.B/2017/Pn.Jkt.Tim
- DOI
- 10.2991/assehr.k.220404.124How to use a DOI?
- Keywords
- Premeditated murder; the law of proof; integrated criminal justice system
- Abstract
Premeditated murder in the terminology of criminal law is a criminal act of eliminating life which is planned or thought out in advance to decide the plan of the perpetrator. One of the criminal acts of killing life is premeditated murder which has been regulated in Article 340 of the Criminal Code. In the current era, there is still a criminal act of premeditated murder that violates legal norms in society and becomes a deep wound for the victim’s family, therefore the perpetrator must be held accountable for his actions. This research method uses a normative juridical approach, where library research is carried out through an inventory of materials from books and legislation. Based on this research, it can be concluded that the application of the law to the crime of premeditated murder is that the defendant is accused of being the perpetrator of the crime of premeditated murder where the Defendant violates Article 340 of the Criminal Code. The qualifications of this article can be described with the actions of the defendant who deliberately and with a prior plan to decide the will of the perpetrator who committed the murder of the victim. The decision was judged by the author to have not fulfilled the intentional and planned element as in the judge’s decision.
- Copyright
- © 2022 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article distributed under the CC BY-NC 4.0 license.
Cite this article
TY - CONF AU - Joshua Mahal Leonard Limbong AU - Ade Adhari PY - 2022 DA - 2022/04/21 TI - Analysis of Evidence Elements Intentional and Planning on the Crime of Planning Murder in the Decision of the East Jakarta State Court Number 490/Pid.B/2017/Pn.Jkt.Tim BT - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021) PB - Atlantis Press SP - 784 EP - 790 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.220404.124 DO - 10.2991/assehr.k.220404.124 ID - Limbong2022 ER -