Remittances Review

ISSN:2059-6588 | e-ISSN: 2059-6596

ISSN:2059-6588 | e-ISSN: 2059-6596

LEGAL APPLICATION OF ARTICLE 340 OF THE INDONESIAN PENAL CODE ON PERPETRATORS OF PREMEDITATED MURDER

Authors:
I Nyoman Alit Putrawan1, I Gusti Ayu Jatiana Manik Wedanti2
Keywords
premeditation, murder, criminal law, investigation ,

Abstract

Premeditation in cases of murder is a critical element of criminal law, distinguishing premeditated murder from other forms of homicide and influencing the severity of punishment for perpetrators. However, proving premeditation presents significant challenges due to its subjective nature and the deliberate efforts of defendants to conceal their intentions. This paper examines the complexities of premeditation in murder cases, exploring investigative strategies and legal considerations for establishing premeditation in court. Key factors such as motive, planning, and method of execution are analyzed, highlighting the importance of thorough investigations, witness testimonies, and forensic analyses in substantiating premeditation. Through a comprehensive review of relevant literature and legal precedents, this study sheds light on the multifaceted nature of premeditated murder and the challenges faced by law enforcement agencies and prosecutors in securing convictions. The role of forensic experts in providing expert testimony and interpreting complex forensic evidence is also discussed, emphasizing their contributions to establishing premeditation beyond a reasonable doubt. Furthermore, the paper examines the societal implications of addressing premeditated murder, including the pursuit of justice, deterrence of future crimes, and protection of communities from dangerous offenders.