PERTIMBANGAN HAKIM TERHADAP PUTUSAN PEMIDANAAN PADA TINDAK PIDANA PEMBUNUHAN (STUDI PUTUSAN NOMOR 299/PID.B/2013/PN.GST)

Abstract

At Gunungsitoli District Court Decision Number 299/Pid.B/2013/PN.Gst), the defendant wassentenced to 12 years in prison for committing a joint murder. In this verdict, the defendantclearly acted as the main perpetrator or intellectual of the murder and the defendant alsothreatened one of the witnesses with the aim of making the witness participate in the murder.So the act of the defendant should be punished more severely in accordance with theprovisions of the criminal law. Based on these descriptions, the researcher interested inconducting research entitle “Pertimbangan Hakim Terhadap Putusan Pemidanaan Pada TindakPidana Pembunuhan (Studi Putusan Nomor 299/Pid.B/2013/PN.Gst).”Based on the results and discussion, it is concluded that the Judge's consideration in theconviction of the crime of murder (case study decision number 299 / Pid.B / 2013 / PN.Gst), thejudge has a non-juridical basis for consideration, namely where the defendant is polite in court,has never been convicted, and the defendant acknowledged and regretted his actions, whilethe juridical consideration was that based on the facts of the trial, the defendant legallycommitted the crime of murder. So the judge should have sent a conviction to the defendant asstipulated in Article 340 Jo 55 paragraph (1) of the Criminal Code. Keywords: Judges Considerations, Criminal Decisions, Murder Criminal Act