Electronic Theses and Dissertation

ABSTRACT

Akbar Rifqy Kautsar,
2020



Dr. M. Ya’kubAiyub Kadir
Trial to commit a criminal act can be interpreted as an act intended to realize what is categorized by law as a criminal act, but the act does not succeed in realizing the original plan to be achieved. It has already begun, but it is not finished. For example, intending to kill people, but people who want to be killed do not die; so it then called Trial Crime. It is referred to: Article 338 and 53 of the Criminal Code (KUHP).
The purpose of this thesis is to investigate the criminal act of trial crime of murder in the (KUHP), and the judge's consideration in imposing a sentence for trial crime of murder in Indonesia, as also called a punishment perspective.
This research uses normative legal research method. Normative legal research is process to find legal rules, legal principles, and doctrines of law. This study found that the explaination on how to see the trial crime especially murder in the perspective of punishment given by the judge, based on the KUHP namely Article 338 juncto articles 53 concerning the trial crime of murder crime.
The study finds that the sentence for a person who commits the crime of trial crime of murder has a one-third reduction of the sentence in the main criminal offense. The judges' considerations in the three cases that were the object of the research were in the form of intention, initiation of implementation, and incomplete actions due to reasons other than the perpetrator. The element of intention in these three cases was deliberate. Meanwhile, the initiation of its implementation can be seen from the use of weapons aimed at the victim, while the perpetrator's actions were not completed due to obstacles from other witnesses.
The judge should define in determining the length of the sentence imposed, as well as pay attention to the mental state and motive of the perpetrator to commit the act, so that there is no punishment disvarities.

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