PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN DENGAN RENCANA (Studi Kasus: Putusan No. 459/Pid.B/2017/PN.Tar)

Murder is one of the criminal acts that often occur in the community. Perpetrators of murder will be sanctioned in accordance with applicable law. The law recognizes two types of murder: common murder and murder by plan. The perpetrator of a murder by plan is charged with a more severe punishment than ordinary murder. Based on Article 340 of the Criminal Code which regulates murder by plan, contains three important elements that must be met, namely: the element of whoever, the element intentionally, and the element with the plan. This research aims to find out the consideration of judges in handing down verdicts against perpetrators of murder crimes with a plan based on case study verdict No. 459 / Pid.B / 2017 / PN. Tar. The method used in this research is a normativeempirical legal research method. The data source in this study is secondary data that is then analyzed using qualitative methods. The results showed that in this case the perpetrator did not meet the elements with the plan but the judge handed down a life sentence to the perpetrator under Article 340 of the Criminal Code. The advice that can be given in this study is the need for a review of the verdict issued by the judge in the case of the verdict No. 459 / Pid.B / 2017 / PN. Tar, and the judicial power needs to reinforce the limits of judges when using their consideration in deciding a criminal case