ANALYSIS OF CRIMINAL SANCTIONS IMPOSED ON PERPETRATORS OF MURDER

Abstract

Purpose: This research endeavors to pinpoint and scrutinize how the components of unlawful killing, as defined by Article 338 of the Penal Code, were put into practice in Ruling Number 19/Pid. B/2024/PN. Gdt, along with pinpointing and scrutinizing the rationale employed by the Judicial Panel when determining the penalty for the individual who carried out the act of homicide in Ruling Number 19/Pid. B/2024/PN. Gdt. The research methodology implemented is normative juridical research, utilizing a case study approach focused on verdicts handed down by the court. Information was gathered from sanctioned documentation pertaining to the Gedong Tataan Class II A District Court’s ruling, in conjunction with pertinent legislative frameworks and the Criminal Procedure Code. Qualitative methods were employed for data processing and analytical procedures. The research findings indicate that implementing the principles of the offense of homicide, as stipulated in Article 338 of the Penal Code within Ruling Number 19/Pid. B/2024/PN. Gdt, has successfully addressed each of the elements detailed in Article 338 of the Penal Code, where the Judicial Panel has meticulously delineated and clarified each of the three principles found in Article 338 of the Penal Code. The Judicial Panel’s line of reasoning for establishing the sentencing of the person responsible for the crime of homicide in the present situation was predicated upon detrimental factors, extenuating circumstances, the accusatory document, and the factual legalities that materialized throughout the judicial proceedings, thereby empowering the Judicial Panel to collectively resolve to condemn the accused to a custodial term of 13 (thirteen) years.