TINJAUAN YURIDIS TENTANG PENERAPAN PIDANA DALAM KASUS TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN ANAK KEPADA ORANG TUA KANDUNG (Studi Putusan Nomor 75/Pid.B/2023/PN Kbu)

Abstract

The crime of premeditated murder itself is regulated in Article 340 of the Law of the Republic of Indonesia Number 1 of 1946 concerning Criminal Law Regulations. For example, in the case of Decision Number 75/Pid.B/2023/PN Kbu. In this decision, the defendant SBS was legally proven to have committed the crime of premeditated murder against his biological parents. Problem formulation: 1) What is the application of the crime in the crime of premeditated murder committed by a child against his biological parents in Decision Number 75/Pid.B/2023/PN Kbu? 2) How did the judge consider case Number 75/Pid.B/2023/PN Kbu? The type of research used is normative juridical. The data source used is secondary data consisting of primary, secondary and tertiary legal materials. Data collection techniques using document study and analyzed qualitatively. The punishment applied to the defendant is life imprisonment and a court fee of IDR 5,000.00 (five thousand rupiah). The judge's considerations, the decision made by the judge is considered first with juridical considerations based on the public prosecutor's indictment, the defendant's statement, witness statements, evidence, regulations that were violated, as well as non-juridical considerations in the form of aggravating and mitigating factors.