PENERAPAN PIDANA TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN ANAK SENDIRI (STUDI PUTUSAN NOMOR 72/PID.B/2020/PN SML)

Abstract

The crime of infanticide is often committed by the mother because of the fear of being caught giving birth by others, often due to pregnancy outside of marriage. The crime of infanticide is regulated in Article 341 of the Criminal Code 1946, Decision Number 72/Pid.B/2020/Pn Sml is an example of an infanticide case. Problem formulation: 1) How is the application of punishment against the perpetrator of the crime of infanticide in verdict number 72/Pid.B/2020/Pn Sml? 2) What are the considerations of the judge in deciding the criminal case of murder of one's child in decision number 72/Pid.B/2020/Pn Sml? This type of research is normative juridical, the data source used secondary data consisting of primary, secondary, and tertiary data, literature study data collection techniques, and data analyzed qualitatively. The results showed: 1) The application of punishment against the perpetrator of the crime of murder of his child in decision number 72/Pid.B/2020/Pn Sml sentenced the perpetrator to imprisonment for 5 (five) years and 6 (six) months. 2) The judge's consideration in deciding the case is based on juridical considerations in the form of indictments, prosecutor's charges, evidence, evidence, and non-juridical considerations in the form of the defendant's condition, norms, and aggravating and mitigating circumstances.