Open AccessPenerapan Hukum Materil terhadap Pelaku Pembunuhan dengan Unsur Penyertaan (Studi Kasus Putusan Mari No. 966 k/pid/2014)
Author(s) -
Elfirda Ade Putri
Publication year - 2020
Publication title -
jurnal mercatoria
Language(s) - English
Resource type - Journals
eISSN - 2541-5913
pISSN - 1979-8652
DOI - 10.31289/mercatoria.v13i1.3124
Subject(s) - witness , indictment , law , public prosecutor , paragraph , criminal procedure , criminal code , political science , sentence , criminal law , constitutional court , constitution , criminology , sociology , philosophy , linguistics
Murder accompanied by inclusion or carried out jointly is a special form of murder that incriminates the perpetrators. Basically, judges 'considerations in deciding cases, especially with murder cases, are sometimes not in accordance with applicable law, apart from that the sentence imposed is sometimes not in accordance with the perpetrators' actions, so that justice is not obtained, especially for the injured parties. There are differences in sentencing in each court, even though prior to sentencing, the judge has considered the same juridical considerations from each court level, whether it consists of indictments of the public prosecutor, defendant's statements, witness statements, witness statements, evidence and articles of law criminal. The application of material law by the Public Prosecutor in the Supreme Court Decision number 966 K / Pid / 2014 is not right. The public prosecutor uses the subsidair indictment using Article 338 paragraph (1) jo Article 55 of the Criminal Code. Public prosecutor did not ensnare the defendant Article Number 340 of the Indonesian Criminal Code, where the criminal act committed by the defendant contained an element of "planning".