KAJIAN YURIDIS TERHADAP UNSUR-UNSUR AKIBAT MATINYA NYAWA ORANG LAIN DALAM PUTUSAN PERKARA PIDANA NO. 1/PID.SUS-ANAK/2020/PN.KPN

A verdict is a verdict is the embodiment of a legal discovery by a judge. The judge's ruling must be based on the indictment and everything that is proven in the trial court. The judge will prove the criminal act on the defendant by seeking conviction whether or not the defendant committed the act charged to him, and matching the conduct charged to him with the articles of criminal law. As in the case carried out by the defendant ZA killed by sticking a knife in the chest of a begal in the South Malang area precisely in Gondanglegi, Malang Regency, East Java. The judge sentenced and defendant ZA was found to have committed abuse resulting in the death of the victim of MS. In the analysis of the researcher, the judge should have sentenced defendant ZA in the indictment under section 338 of the Penal Code, which is the crime of murder. However, the judge considered that the acts desired by defendant ZA were not the intention of eliminating life but intentionally to inflict pain/injury on victims of MS. This study used a normative juridical approach method. The advice given on these issues is to law enforcement officials, especially judges as parties who play an important role in imposing sentences, the judge should consider in the indictment, namely article 338 of the Criminal Code, the type of criminal act of murder. So that the sub-element of the will/will of the perpetrator becomes clear whether the defendant wants to be persecuted or murdered. So the judge can consider the charges by looking at the legal facts in the trial