TINJAUAN YURIDIS TERHADAP HASIL PUTUSAN KASUS PEMBUNUHAN BERENCANA YANG DISERTAI PENGANIAYAAN DITINJAU DARI KUHPIDANA DAN KAITANNYA DENGAN UU NOMOR 39 TAHUN 1999 TENTANG HAK ASASI MANUSIA (Analisis Putusan Nomor 1770/Pid.B/2016/PN/Tng)

Abstract

The Constitution Number 39 of 1999 clearly states that everyone has the right to equal recognition, protection and legal certainty before the law. This means that every human being as an Indonesian citizen has the right to equal position before the law without any discrimination that every human being should have. Even so, there are still many murder cases that claim the right to life of many people. Where deprivation of human rights in any form can be given the most severe sanctions and has its own rules.

So, this research was conducted aiming to find out how the judge’s considerations in imposing sanctions on perpetrators of murder who have deprived human rights in terms of the Criminal Code and how it relates to The Constitution Number 39 of 1999 concerning Human Rights. This research was carried out based on the type of normative legal research where in this research a legal study was carried out as a norm, namely researching and studying objects against their legal principles and principels. Conducted through a statutory and conceptual approach to sharpen the analysis which aims to identify deficiencies and understand the concept of laws and regulations that underlie killings and persecution, especially in deciding similar cases. The output to be achieved in this research is a mandatory output in the form of a national journal and additional output in the form of proceedings journal.

Keywords: Premeditated Murder, Persecution, Human Rights