Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 1 (2025): Pena Justisia

Normative Analysis of Murder Case Decisions in Surabaya: Case Study Number 454/Pid.B/2024/PNNormative Analysis of Murder Case Decisions in Surabaya: Case Study Number 454/Pid.B/2024/PN

Rio Armanda Agustian (Fakultas Hukum, Universitas Bangka Belitung, Indonesia)
Valentina Moiso (Assistant Professor in Sociology, Dept. of Cultures, Politics and Society - University of Turin, Italy)



Article Info

Publish Date
20 Jun 2025

Abstract

This study aims to analyze the application of criminal law in murder cases with a focus on the decision of case Number 454/Pid.B/2024/PN in Surabaya. This case involves the application of Articles 338 and 340 of the Criminal Code (KUHP) related to unplanned murder and premeditated murder. This study uses normative legal research methods with a legislative approach and a case approach. The results of the study show that the judge has carefully considered the existing evidence and sentenced in accordance with the applicable legal provisions. Although the defendant claimed self-defense, the judge considered that there was not enough evidence to support the claim. The impact of the verdict on the perpetrator provides a deterrent effect and serves as a warning to the public about the severe legal consequences for the crime of murder. Meanwhile, although the victim's family is satisfied with the court's decision, they still feel a loss that cannot be replaced by any punishment. This study concludes that even though the judicial process has been carried out in accordance with the applicable procedures, there is still room for improvement in terms of the time given to the defense and attention to the psychological condition of the perpetrator

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...