{"title":"Implementation of Criminal Law Provisions Against Serious Killers in Indonesia","authors":"Cindy Oktaviany Pepa","doi":"10.33756/jelta.v15i2.15592","DOIUrl":null,"url":null,"abstract":"This study aims to analyze the implementation of criminal law provisions and their punishment for serial killers in Indonesia. The type of research used is normative legal research through a statute approach, a conceptual approach, and a case approach which are analyzed qualitatively-inductively. The study results show that 1) in implementing the criminal law provisions against serial killers in Indonesia, the panel of judges always refers to Article 340 of the Criminal Code regarding premeditated murder because there are no provisions that standardly regulate this, causing criminal disparities. 2) The punishment for serial killers in Indonesia is sentenced to death, life imprisonment, and imprisonment for a certain period. In convicting perpetrators, the Criminal Code does not recognize any particular minimum limits and also does not explain what conditions can be categorized as serial murders. The panel of judges only upholds Article 340 of the Criminal Code with concurrent articles if, after being examined at trial, it is proven that they have committed an act that meets the elements of the article.","PeriodicalId":241586,"journal":{"name":"JURNAL LEGALITAS","volume":"20 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"JURNAL LEGALITAS","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.33756/jelta.v15i2.15592","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
This study aims to analyze the implementation of criminal law provisions and their punishment for serial killers in Indonesia. The type of research used is normative legal research through a statute approach, a conceptual approach, and a case approach which are analyzed qualitatively-inductively. The study results show that 1) in implementing the criminal law provisions against serial killers in Indonesia, the panel of judges always refers to Article 340 of the Criminal Code regarding premeditated murder because there are no provisions that standardly regulate this, causing criminal disparities. 2) The punishment for serial killers in Indonesia is sentenced to death, life imprisonment, and imprisonment for a certain period. In convicting perpetrators, the Criminal Code does not recognize any particular minimum limits and also does not explain what conditions can be categorized as serial murders. The panel of judges only upholds Article 340 of the Criminal Code with concurrent articles if, after being examined at trial, it is proven that they have committed an act that meets the elements of the article.