Juridical Review of the Offense of Premeditated Murder


  • Baharuddin Badaru Faculty of Law, Indonesian Muslim University




Offense, Premeditated Murder



This study examines the application of the judges' decision in the case in accordance with material and formal criminal law and the judge's efforts in deciding a case of premeditated murder. This research is empirical research, a legal research method that functions to see the law in a real sense and examines how the law works in society. Types of data include primary data and secondary data, using field data collection techniques and literature. The results of the study indicate that the application of material and formal criminal law to premeditated murder cases, the application of criminal provisions in this case, namely Article 340 of the Criminal Code in conjunction with Article 55 Paragraph (1) to 1 of the Criminal Code is in accordance with the legal facts, both the statements of witnesses, the defendant's statement is considered physically and mentally healthy, there is no mental disorder so that they are considered capable of being responsible for their actions. The judge's consideration in imposing criminal sanctions against the perpetrators in the decision Number: 775/Pid.B/2018/PN Mks was appropriate, namely by the fulfillment of all the elements of the articles in the indictment, as well as the witness statements which compatible with each other and supported by the judge's conviction. The recommendation of this research is that the judge should really consider the facts revealed in the Court and also the judge's conscience, not only considering things that are aggravating but also things that relieve the defendant so that the verdict handed down really gives justice to the defendant .


Download data is not yet available.



Al-Qur'an and translation, Ministry of Religion of the Republic of Indonesia

Baharudin, B., & Muchlisin, R. (2023). Juridical Review of Perpetrators of the Crime of Premeditated Murder (Case Study Decision Number 2/Pid. B/2021/PN. Gdt Jo 56/Pid/2021/PT). Pagaruyuang Law Journal, 249-267

Desky, MK (2022). Juridical Analysis of the Crime of Premeditated Murder in Decision Number 16/PID.B/2018/PN KTN. Journal of Legal Essence, 4(2). 171–184

Friwarti SD. Juridical review of the comparison of the offense of murder in the Criminal Code and Islamic criminal law. Constituo: Research Journal of State Law and Politics. 2022 Jul 9;1(1).

Krahe. B, Aggressive behavior: Social psychology handbook (PT. Pustaka Siswa 2005).

Lamintang and Theo Lamintang, Crimes Against Life, Body and Health (Sinar Graphics 2012).

Lamintang PAF and Theo Lamintang, Special offenses for crimes against life, body & health (Sinar Graphic 2010).

NRC Magistri, "Juridical Review of Legal Protection for Stabbing Victims in Criminal Justice," Indonesian Journal of Legal Development, vol. 2, no. 1, pp. 82-101, Jan. 2020.

SR Sianturi, Principles of Criminal Law (Rengkang Education Yogyakarta and Pukap Indonesia 2012).

Sudikno Mertokusumo, Indonesian Civil Procedure Code (Liberty 2006).

Syarifuddin, A. (2019). Juridical Review of the Crime of Premeditated Murder. Dynamics: Scientific Journal of Legal Studies, 25, 1-5.

RI Law Number 31 of 1997 concerning Military Justice (Article 192).

Republic of Indonesia Law Number 48 of 2009 concerning Judicial Power (Article 5, paragraph 1).


PlumX Metrics



How to Cite

Badaru, B. (2023). Juridical Review of the Offense of Premeditated Murder. Jurnal Independent, 11(2), 411–418. https://doi.org/10.30736/ji.v11i2.230