TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA (MOORD) BERDASARKAN AJARAN KAUSALITAS (Studi Putusan No. 145/Pid. B/2021/PN. Btm)

RAKANANDA, MUHAMMAD RAFI (2023) TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA (MOORD) BERDASARKAN AJARAN KAUSALITAS (Studi Putusan No. 145/Pid. B/2021/PN. Btm). S1 thesis, UNIVERSITAS MUHAMMADIYAH PURWOKERTO.

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Abstract

Premeditated murder (moord) is one type of criminal offense that can be classified as a crime against life. The reason why a murder is categorized as premeditated is that there is a time lag between the intention and the time of committing the act with the aim of making preparations to facilitate the act. Regulations related to causality are not contained in the Law, but become a teaching along with the discipline of forensic medicine which contains causality in its visum et repertum. The teaching of causality (causaliteit theorie) aims to provide punishment that is commensurate with the actions of the perpetrator, in accordance with the concept of lex talionis left by Hammurabi in the Hammurabi Codex. This research examines how the causality doctrine is applied in the Batam District Court Decision Number 145/Pid. B/2021/PN. Btm, and examines how the position of visum et repertum as written evidence submitted by the judge in the two cases. The research in this paper uses the normative juridical method. The types of approaches used are conceptual approaches and case approaches. The results showed that in the various causality teachings studied, Decision No. 145/Pid. B/2021/PN. Btm has a theory in the use of teachings when sentencing, namely Von Kriess's subjective prognose theory because of the element of intent. In addition, in this case, evidence in the form of a visum et repertum is always one of the bases for the judge's consideration regarding the testimony given by witnesses in this case.

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