TINJAUAN YURIDIS TERHADAP PENYERTAAN TINDAK PIDANA PEMBUNUHAN (Analisis Putusan Pengadilan Negeri Unaaha No. 128/Pid.B/2015/PN.Unh)

Abstract

The purpose of the research was: To determine the application of material criminal law to the case in Decision No. 128/Pid.B/2015/PN. Unh. To determine the efforts that must be made to prevent the occurrence of the inclusion of the crime of murder. This research was conducted in Konawe Regency, precisely at the Konawe Police and the Unaaha District Court, using the type of research, namely empirical normative. The data collection method used was document study, field surveys and interviews using qualitative descriptive analysis. Based on the results of the research, it can be seen: 1). The application of material criminal law to the case in Decision No. 128/Pid.B/2015/PN. Unh. is not quite right. The judge did not fulfill the demands of the Public Prosecutor, where the Public Prosecutor in his charges stated that the defendants had been legally and convincingly proven to have committed the crime of murder together as regulated and threatened with punishment in Article 338 of the Criminal Code in the First Primary Charge, and in the Second Subsidiary Charge Article 351 paragraph (3) of the Criminal Code. 2). Efforts that must be made to prevent the occurrence of the crime of murder include preventive efforts in the form of formal and non-formal education, and repressive efforts to punish the perpetrators with the heaviest punishment in order to create a deterrent effect for the perpetrators of the crime.