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ANALISIS YURIDIS TERHADAP TINDAK PEMBUNUHAN BERENCANA (STUDI KASUS PUTUSAN MA NO. 813/K/PID/2023)
Indonesia is a legal state that is based on law and adheres to the supremacy of law. In such cases, the concept of the rule of law applied must be in line with the values that grow and develop in the lives of Indonesian society. In Indonesia, there was a stir regarding the case of a person with the initials FS, where FS had committed the crime of premeditated murder. With the victim having the initials NY. The death penalty for perpetrators is increasingly understandable because perpetrators of premeditated murder are law enforcers who are supposed to protect society. The death penalty is increasingly understandable because the perpetrator tried to erase his traces by carrying out a failed shootout drama scenario. This research method is very important to obtain research results that are expected to be satisfactory and accurate. Therefore, the author conducted research using the library research method. The approach method that can be used in this research is the normative juridical approach method. The research results show that the judge's considerations in the Supreme Court decision Number 813 K/Pid/2023 concerning the criminal act of premeditated murder involving Ferdy Sambo were based on an in-depth analysis of the existing evidence. The application of the principles of legality, fairness and proportionality shows that the judge tries to impose a fair sentence by considering all legal aspects and facts revealed during the trial. The implications of the Supreme Court's decision Number 813 K/Pid/2023 regarding the death penalty in Indonesia show a shift in the approach to national criminal law. By changing the sentence from the death penalty to life imprisonment, the Supreme Court reflects a paradigm shift that places more emphasis on a rehabilitative rather than retributive approach.
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS YURIDIS TERHADAP TINDAK PEMBUNUHAN BERENCANA (STUDI KASUS PUTUSAN MA NO. 813/K/PID/2023) (Text)
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