TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA (STUDI PUTUSAN MA NO. 1392 K/Pid/2025)

Abstract

Premeditated murder is one of the most serious crimes in the Indonesian criminal justice system, carrying the heaviest penalties including the death penalty, life imprisonment, or imprisonment for a maximum of twenty years. The main distinguishing element between premeditated murder and ordinary murder lies in the existence of "prior planning" (voorbedachten rade), which indicates a higher degree of culpability. This normative legal research examines the legal framework governing premeditated murder in Indonesia and analyzes the judicial considerations in sentencing perpetrators. The study employs statutory and case approaches, utilizing primary legal materials including the National Criminal Code (Law Number 1 of 2023), the Criminal Procedure Code, and the Judicial Power Law, as well as secondary sources and Supreme Court Decision Number 1392 K/Pid/2025. The findings reveal that the element of "prior planning" requires proof of a "calm period" (kalm beraad) between the emergence of intent and its execution, allowing the perpetrator time to reflect and reconsider. However, judicial practice shows significant disparities in interpreting this element, affecting the consistency of sentencing. The research concludes that optimizing the application of premeditated murder provisions requires clear and consistent guidelines for judges in assessing the element of planning, as well as a balanced approach between retributive and utilitarian sentencing theories to achieve substantive justice for victims, perpetrators, and society.