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CAUSALITY TEACHINGS IN PLANNED MURDER CRIMES: (Case Study of Murder with Cyanide Poison) Andi Wiranata Tamba; Hadi Purnomo
POLICY, LAW, NOTARY AND REGULATORY ISSUES Vol. 3 No. 1 (2024): JANUARY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/polri.v3i1.1012

Abstract

The phenomenon of premeditated murder represents a grave criminal offense involving the intentional taking of another person's life through meticulous planning. At the core of any event lies a causal relationship, a fundamental concept known as causality. Causality, in the context of criminal investigations, refers to the cause-and-effect relationship applied to discern the primary factors leading to specific consequences. This research seeks to address the intricate nature of causality within the crime of premeditated murder, particularly examining the series of events identified by law enforcement officials as indicative of a causal relationship. The central challenge in this research pertains to unraveling the specific series employed by law enforcement as a foundation for establishing causality in cases of premeditated murder. Furthermore, the study delves into the question of how responsibility for the criminal act committed by Jessica Kumala Wongso against Victim Wayan Mirna Salihin is attributed based on the principles of causality. Investigating these aspects will contribute to a more comprehensive understanding of the legal mechanisms used to identify and assign accountability in cases of premeditated murder.
DOCTRINE OF CAUSALITY AND PROOF OF CRIMINAL ACTIONS IN THE JESSICA WONGSO CYANIDE COFFEE CASE Zaeni Aji Bakhtiar; Hadi Purnomo
Jurnal Impresi Indonesia Vol. 3 No. 1 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i1.4473

Abstract

Criminal law is a sub-section of law that creates peace and order in society, because the existence of criminal law in society cannot be separated from the state's efforts to create order. To determine the penalty for a criminal act, it is necessary to pay attention to the doctrine of cause and effect and evidence of the occurrence of the criminal act. For this reason, the aim of this research is to analyze the teachings of causality and evidence of the crime in the cyanide coffee case committed by the defendant Jessica Wongso against the victim Wayan Mirna Salihin in 2016. This research uses qualitative research methods. The data collection technique in this research uses the literature study method. The data that has been collected is then analyzed through three stages, namely data reduction, data presentation, and drawing conclusions. The research results show that the doctrine of causality is very important because it relates to which actions should be considered as the cause of prohibited effects. The judge assessed that Jessica's actions, namely putting cyanide poison in the coffee that Mirna drank, were the direct cause of Mirna's death. This decision was based on several considerations, namely the discovery of cyanide poison in Mirna's coffee, no one else had put cyanide poison in Mirna's coffee, and the defendant had a motive to kill the victim. In this case, the judge relied on witness testimony, expert testimony and evidence to prove Jessica's crime. Based on the teachings of causality and evidence, the judge sentenced Jessica as the defendant to 20 years in prison. This circumstantial evidence has given rise to much controversy. However, despite the controversy, the coffee cyanide case shows the importance of the teachings of causality and evidence of criminal acts in criminal law.