Analisis Yuridis Hubungan Motif dalam Proses Pembuktian dan Pertimbangan Hukum Hakim terhadap Pemidanaan Tindak Pidana Pembunuhan Berencana (Studi Putusan No. 49/Pid.B/2023/PN Yyk )

Abstract

Motive as a driving force for encouragement in a person is a factor that becomes the reason for a person to commit the crime of premeditated murder. This research aims to find out the legal regulation of premeditated murder according to Indonesian positive law, to find out the existence of motives in the process of proof and legal considerations of judges in sentencing and to find out the legal considerations of judges regarding premeditated murder in verdict number: 49/pid.b/2023/pn Yyk. This research uses normative legal methods. The method used in collecting research data is library research, namely by collecting library materials in the form of books, magazines, and documents and other theoretical sources. The results of this study explain that the motive does not need to be proven because it is not an element of Article 340 of the Criminal Code either subjectively or objectively. However, the motive needs to be known by the judge in determining the level of gradation of punishment and to give confidence to the judge regarding the series of events as a whole. Second, in Decision No. 49/Pid.B/2023/PN Yyk the judge imposed a verdict in accordance with the demands of the Public Prosecutor, it appears that the judge actually prioritizes the function of retributive justice (retaliation), meaning that criminal law is a means of revenge. Judges in conducting assessments or considerations look at the elements of the crime.