ANALISIS YURIDIS TERKAIT DENGAN PEMBERIAN SANKSI PIDANA PELAKU PEMBUNUHAN BERENCANA TERHADAP ANAK

Abstract

Intentional and premeditated murder (moord) is regulated in Article 340 of the
Criminal Code. Where the crimes of premeditated murder committed by parents against
their children are very concerning. Sanctions for perpetrators of premeditated murder
of children are still relatively light, which takes the lives of children. This study aims to
determine the application of law based on judge's decisions in several cases of
premeditated murder of children and to find out the ideal sanction imposed by judges on
premeditated murder of children in the future. This study also uses the Theory of Justice
and the Theory of Punishment as an analytical knife in analyzing criminal sanctions
against the perpetrators of premeditated murder against. The type of legal research
used in this research is a literature study or document study and this research is
referred to as normative research (legal research) using secondary data.
The data analysis used is qualitative analysis as a basis for research procedures
that produce descriptive data, namely collecting all data obtained from primary legal
materials and secondary legal materials. The results and discussion show that the
application of criminal sanctions against perpetrators of premeditated murder of
children is still relatively light so that it does not reflect the justice and expediency of
the law.
Therefore, there is a need for criminal renewal in the application of criminal
sanctions against perpetrators of premeditated murder of children as an ideal sanction
with a minimum of 20 years. The conclusions and suggestions in this study are that the
application of sanctions to perpetrators of premeditated murder of children must be
adjusted to what has been done in order to create a sense of justice and the benefit of
the law for both the victim's family and the surrounding environment.
Keywords: Criminal Offense, Child Murder, Sanction Application, Perpetrator