Open AccessMotive Element in Planed Murder Criminal Act According to Article 340 KUHP
Author(s) -
Lalu Irawadi,
Rodliyah Rodliyah,
Muhammad Natsir
Publication year - 2019
Publication title -
international journal of scientific research and management
Language(s) - English
Resource type - Journals
ISSN - 2321-3418
DOI - 10.18535/ijsrm/v7i11.lla01
Subject(s) - element (criminal law) , normative , statute , law , criminal law , order (exchange) , point (geometry) , monism , sociology , political science , economics , mathematics , philosophy , epistemology , geometry , finance
This research is conducted to find out and analyse the implementation of criminal law in motive element of planed murder perpetrator as well as to find out and analyse the vindication of motive of planed murder perpertator by applying normative legal research method. Aimed to analyze the implementation of positive law norms under statute, case and historical, comparative and conceptual approach. Research result shown that implementation of Article 340 KUHP depends on judge’s point of view poured in his legal considerations. The point of view can be Monistic where motive is not a significance consideration as long as the crime lead to certain legal consequences or dualistic where motive is important to consider in order to determine perpetrator’s grade of guilt (psychologically) since dualistis point of view differentiate between objective element and subjective element (guilt element). To proof that there is motive element in a planed murder, Judge shall apply vindication principle used in Indonesia’s criminal law procedure according to Article 184 KUHP and law number 48 of 2009 concerning judiciary power.