PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PEMBUNUHAN BERENCANA Studi Kasus Perkara Nomor : 273/Pid.B/2011/PN.PDG

Abstract

Consideration of judges in applying the ceiminal provisions referring to the juridical considerations, facts trial, witness tetimony, the existing evidence and the judge’s conviction. The crime of murder court decision based on the article violated the defendant as provided in Article 340 of the Criminal Code. The formulation of the problem is 1) How is the consideration of the judge in a criminal verdict against the crime of murder that occured in the region of Padang District Court of Class IA and 2) How does the application of the law to the crime of murder in the territory of the State Court Class IA Champaign. This research method is the juridical sociological research using qualitative analysis. It is shown that the consideration of the judge in determining a verdict in the criminal court had been based on legal facts were revealed in either trial testimony of victims, witness, defendant testimony, and physical evidence that resonable doubt in court. So the judge’s rulling in applying the criminal verdict against AS are appropriate and prudent, because the judge has to consider the aggravating and mitigating factors defendant. The application of criminal law imposed by the judge is the death penalty. The implementation of this decision has fulfilled the requirements of Article 340 of the Criminal Code wich defendant found guilty of the crime of murder.

Keyword : Consideration Judge, Murder, Crime, Decision