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All Journal Jurnal Ilmu Hukum Kanturuna Wolio
Ali Mustafa La Ode
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Humanities Law, Crime, Criminology & Criminal Justice

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TINJAUAN YURIDIS TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN SEPASANG KEKASIH DI KOTA BAUBAU : STUDI PUTUSAN NO 325/PID.B/2014/PN.BAU Ali Mustafa La Ode; Alfaj’ri
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 1, January 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i1.2032

Abstract

This study examines a premeditated murder case committed by a couple in Baubau City, citing judgment number 325/Pid.B/2014/PN.Bau of the Baubau District Court. The phenomenon of premeditated murder is of particular importance because it demonstrates the highest degree of culpability in criminal law, with the element of premeditation constituting the primary distinction from ordinary murder. This study employed normative legal research methods with a legal and case-based approach, supported by primary data in the form of copies of court judgments and secondary data from criminal law literature. The results indicate that the judge correctly applied Article 340 of the Criminal Code in conjunction with Article 55, paragraph (1), point 1 of the Criminal Code in the ruling. The elements of the crime, from intent and planning to the involvement of each defendant, were legally and convincingly proven in court. The judge's considerations also reflect a balance between legal and non-legal aspects, by considering both aggravating factors (such as careful planning and the impact on the victim's family) and mitigating factors (the defendant's polite attitude and confession). This study emphasizes the importance of applying the principles of nullum crimen sine lege and nulla poena sine lege in criminal law enforcement. This ruling not only provides legal certainty and a deterrent effect for perpetrators, but also has an educational and preventive dimension for society, by reminding that serious crimes such as premeditated murder are punished severely under the law.
ANALISIS YURIDIS PERBANDINGAN PUTUSAN NO.183/PID.SUS/2024/PN PSW DENGAN PUTUSAN NO.124/PID.SUS/2024/PN PSW MENGENAI TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA DI PENGADILAN NEGERI PASARWAJO Ali Mustafa La Ode; Rifqah Zahra Khaidar K
Jurnal Ilmu Hukum Kanturuna Wolio Volume 7, Number 2, July 2026
Publisher : Fakultas Hukum Universitas Dayanu Ikhsanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55340/kanturunawolio.v7i2.2180

Abstract

This study aims to determine the legal basis for the judge's considerations in deciding a case and what influences the differences between decision No.183/Pid. Sus/2024/PN Psw. and decision No.124/Pid. Sus/2024/PN Psw. The research method in writing this thesis is a qualitative method, with secondary and primary data coverage, this study was conducted in 1 location, namely the Pasarwajo District Court. The results of this study indicate that the legal basis for judges' considerations in a case is Law Number 48 of 2009 concerning Judicial Power, judges are responsible for conveying clear considerations and based on appropriate legal reasons, and must consider various aspects that can alleviate or burden the perpetrator. It is important for judges to pay attention to legal, philosophical, and sociological truth so that the decisions taken reflect justice and positive social impacts so that each decision can be accepted and understood by the community. The difference in verdicts handed down by judges is influenced by several factors including the facts in the trial, the role and involvement of the defendant, and the evidence found. In addition, demands from the public prosecutor and consideration of aggravating and mitigating factors are also present in the judge's decision, thus this difference in verdicts reflects the difficulties in the justice system, where each case must be considered individually based on the context and facts available, as well as the social impact of the decision taken.
Co-Authors Alfaj’ri Rifqah Zahra Khaidar K