Consideration Of The Judge In Ruling On The Crime Of Murder In State Court Class I Padang Case Study : Desert State Court Class IA Padang

Abstract

In the history of mankind has always been a phenomenon murder problem until now, for murder either by religious rules, the rules of society, and according to the rules of criminal law (Criminal Code) declared a prohibited act and threatened with punishment to the  were formulated:1 How does the process of Punishment on the Crime of murder in court Negri Class IA Champaign? 2 What are the obstacles in the process of sentencing in murder in Crime Court Negri Class IA Champaign? This type of research that the author of the law juridical sociological research covering primary and secondary data, the data collected through the study of documents, interviews, observation and analysis of data directly to the District Court Judge in Class IA Champaign were then analyzed qualitatively. Conclusions drawn from the results of the study: 1) The process of criminal punishment in Crime Negri Court Judge in IA is preparing a decree and to consider and decide the case by using the warrant as a temporary base starting point to several things, among others, are as follows: a) What actions can be demonstrated in the examination at the trial, b) are the actions that have been proven to be examined by the defendant in the trial court as well as mitigating and aggravating reason suspect. c) whether the appropriate punishment in dropped against the defendant. 2) Constraints faced heavy enough not only a flood of emotions from the family of the victim, the absence of legal counsel accompanying weak due to economic factors as well as the judges who are absent due to illness or other reasons.

Keywords : Process, imposition, Murder.