Pertimbangan Hakim Dalam Memutus Penyertaan (Deelneming) Pada Tindak Pidana Pembunuhan Berencana

Abstract

The aim of this research is to examine and analyze the judge's considerations in deciding whether to participate in the crime of premeditated murder. This research is normative research. The approaches used are the statutory approach, case approach and conceptual approach. The judge has considered both juridical considerations and non-juridical considerations. From these considerations, the judge's conclusion was that the defendant was the perpetrator or person who jointly carried out premeditated murder. In the judge's consideration, due to the suitability and connection between the events and the roles of all parties, according to the judge's assessment, all the perpetrators had collaborated by working like a system in which the absence of the role of one of the perpetrators of premeditated murder could not be realized. Therefore, the defendant was sentenced to premeditated murder in the form of participation (medeplegen). Based on the facts of the trial, when the defendant was asked to shoot, his superiors promised to look after the defendant. Promises are one of the methods of mobilization mentioned in the Criminal Code. Therefore, the author believes that the defendant was a material actor with the involvement of driving/suggesting the premeditated murder.