ANALISIS TERHADAP PUTUSAN TINDAK PIDANA PEMBUNUHAN BERENCANA OLEH OKNUM TNI ( STUDI KOMPARATIF PUTUSAN NOMOR: 78-K/PM I-04/AD/VII/2019 DAN NOMOR : PUT/217-K/PM.II- 09/AD/XI/2009

Abstract

The planned murder crime committed by TNI personnel Prada Deri against
his lover in decision Number: 78-K / PM I-04 / AD / VII / 2019 and Kopda
Khairul Anwar against his wife in decision Number: PUT / 217-K / PM.II -09 /
AD / XI / 2009) was subject to punishment in Article 340 of the Criminal Code.
The purpose of writing this thesis is to analyze the Decision of the Crime of Planned Murder by
Military Personnel (Comparative Study of Decisions Number: 78-K / PM I-04 / AD / VII / 2019
and Number: PUT / 217-K / PM.II-09 / AD / XI / 2009) and explains the judge's consideration in
imposing a sentence on a defendant who committed premeditated murder.
The approach method that I use is a normative juridical approach. This type of
research used by the author in this study is to use descriptive research. The method of
data collection in this study uses literature study techniques.From the results of research
and discussion, the legal regulations regarding the crime of murder committed by
members of the TNI are regulated in the provisions of the Criminal Code (KUHP) and the
Military Criminal Code (KUHPM). Law enforcement against the Defendant Deri in the
murder case of his lover in the decision Number: 78-K / PM I-04 / AD / VII / 2019 is
subject to the main criminal, in the form of life imprisonment, is also subject to additional
punishment, namely in the form of dismissal from military service. And according to the
author's analysis, the verdict is not correct because in the case it is more appropriate to
subject ordinary murder, not premeditated murder. Meanwhile, law enforcement against
the Defendant Khoirul Anwar in the murder case against the verdict Number: PUT / 217-
K / PM.II-09 / AD / XI / 2009) is subject to the main crime, in the form of imprisonment of
13 (thirteen) years, is also subject to additional punishment, namely in the form of
dismissal from military service. According to the author's analysis, the decision was
correct because it had fulfilled the plan beforehand.
The judge's consideration in imposing the sentence against the Defendant Deri in
the murder case of his lover in decision Number: 78-K / PM I-04 / AD / VII / 2019 and in
the case of the Defendant Khoirul Anwar in the case of murdering his wife in the decision
Number: PUT / 217- K / PM.II-09 / AD / XI / 2009) are juridical considerations such as
facts revealed in the trial such as the jpu indictment, witness statements, evidence and
non-juridical considerations such as the background of the perpetrator, the defendant's
actions, the conditions at the time incident.
Keywords:lore-premeditatet mulder- military court