PERTIMBANGAN HAKIM DALAM MENJATUHKAN PIDANA MATI (Analisa Putusan Hakim Nomor 133/Pid.B/2019/PN.Grt)

The writing of this law explains the judge's considerations in imposing a death penalty decision with Judge's Decision Number 133/Pid.B/2019/PN.Grt regarding premeditated murder. The formulation of the problem in the form of, What is the basis for the judge's consideration in imposing the death penalty on the perpetrators of premeditated murder in Decision Number: 133/Pid.B/2019/PN.Grt and How is the Judge's Decision Number: 133/Pid.B/2019/PN.Grt reviewed from the aspect of justice. The research method is normative with a statutory approach and an approach to the case in Judge's Decision number: 133/Pid.B/2019/PN.Grt. The approach method is in the form of primary and secondary legal sources. The technique of collecting legal materials is by using a literature study. Then the analysis is descriptive qualitative. Based on the results of research and discussion of the basic considerations of the judge in this decision, there are 4 points of consideration, namely the element of whoever; elements intentionally; elements are planned in advance; the element of taking the life of another person; and the element as a person who commits, commits or participates in carrying out an act. And in this case, the 5 points of the judge's decision that were reviewed in terms of justice were sentenced to death, namely: Declare Defendant I. Jajang Supriatna and Defendant II. Doni has been legally and convincingly proven guilty of committing the crime of “jointly committing premeditated murder”; Imposing imprisonment for TI and TII; To state that part of the evidence belonging to the Victim is returned to the victim's family, and part is confiscated for destruction; Setting court fees charged to the state. Whereas the second point, namely imposing the death penalty on TI and TII, is not in accordance with the aspect of justice based on Article 28 paragraph (1) of the 1945 Constitution. The suggestion according to the author is that the judge is correct in making the decision seen from the elements in Article 340 of the Criminal Code and Article 55 (1) to 1 of the Criminal Code but if viewed from the aspect of justice, the judge should impose Article 12 paragraph (1) of the Criminal Code because it is more humane than death penalty