Melangkah ke dalam Kegelapan: Kajian Yuridis Tindak Pidana Pembunuhan dalam Pengaruh Alkohol

Emil Fitra Nur (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Muhammad Natsir (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Phireri Phireri (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)
Khaerul Mannan (Fakultas Hukum Institut Ilmu Sosial dan Bisnis Andi Sapada)

Jurnal Litigasi Amsir
Vol 11 No 3 (2024): Mei

This research aims to analyze the considerations made by the panel of judges in delivering a decision on a murder case influenced by alcohol, as seen in Decision Number 62/Pid.B/2022/PN.Bar. Additionally, it investigates the application of the law by the panel of judges in reaching a verdict concerning this crime. This research adopts a normative approach, utilizing both statutory analysis and a case study. The findings reveal that the judge's decision-making process in the aforementioned case, Decision Number 62/Pid.B/2022/PN.Bar, was based on juridical considerations, including the evidence presented during the trial, as well as non-juridical factors, such as aggravating and mitigating circumstances related to the defendant. The application of the law by the panel of judges in delivering a verdict on the crime of murder influenced by alcohol in Decision Number 62/Pid.B/2022/PN.Bar was deemed appropriate and in accordance with the primary indictment put forth by the public prosecutor. The defendant's actions were considered both lawful and convincing, leading to a sentence of 7 (seven) years of imprisonment.