Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Pembunuhan Berencana (Analisis Putusan Nomor: 45/Pid.B/2022/PN KIk)

Abstract

The primary focus of this study is to thoroughly analyze the distinct gap between the maximum penalties outlined in Article 340 of the Indonesian Criminal Code (KUHP) and the actual sentence delivered in Court Decision Number 45/Pid.B/2022/PN KIk. In this particular case involving premeditated homicide, the defendant was sentenced to a mere eleven-year prison term. This legal inquiry is designed to comprehensively scrutinize the judicial reasoning and legal considerations utilized by the panel of judges when rendering their verdict. Concurrently, it evaluates whether this punishment successfully imposes an adequate deterrent effect and properly reflects the core values of substantive justice for the victim's family and the public. Utilizing a normative legal research methodology, this academic investigation integrates statutory, conceptual, and case-based analysis approaches. The research findings demonstrate that the judges' deliberation process was heavily oriented toward subjective mitigating factors, particularly the defendant's expressed remorse during trial and the absence of any prior criminal records. Conversely, the court did not proportionally weigh the objective aggravating elements, most notably the high degree of deliberate preparation which serves as a vital indicator of the offender's significant legal culpability. Consequently, this inquiry concludes that the contested verdict is fundamentally inadequate in establishing a robust deterrent effect, failing in both specific deterrence for the individual and general deterrence for society at large. Furthermore, it falls short of satisfying public standards of fairness. The researcher strongly suggests that judicial bodies handling future premeditated murder trials place a more balanced emphasis on aggravating components, specifically the meticulous planning involved, which inherently escalates the perpetrator's ultimate criminal accountability.