TINJAUAN YURIDIS TINDAK PIDANA PEMBUNUHAN BIASA (Analisis Putusan PN. PASARWAJO NO. 74/PID.B/2022/PN.PSW)

Abstract

The objectives of the study were: 1). To determine the factors that cause the crime of murder. 2). To determine efforts to prevent the crime of murder. This research was conducted in the jurisdiction of the Bombana Police and the Pasarwajo District Court, using a normative empirical research type. The data collection methods used were document studies, field surveys and interviews using qualitative descriptive analysis. Based on the results of the study, it can be seen: 1). The factors causing the crime of murder, namely on Sunday, April 15, 2022 at around 22.00 WITA, the defendant Abd. Karim Als. Karim went to Asril's house, and met Asril and the victim Supriadi who were drinking palm wine together, after finishing drinking palm wine, the defendant, Supriadi told each other stories, at that time Supriadi told about the problem of Supriadi's garden land located in Busi-Busi Hamlet, Puuwonua Village, Bombana Regency which was inherited from Supriadi's father. After finishing sharing stories and ending the conversation, when the defendant was already on the motorbike about to go home, then the victim Supriadi called the defendant by saying "Come here first", so the defendant got off the motorbike then approached Supriadi who was sitting and immediately asked the defendant by saying "you agreed to take over with my brother the land problem", then the defendant replied "it's none of my business I'm there because of your garden", then Supriadi immediately stood up and the defendant also stood up, at that time Supriadi pulled out a machete from its sheath which was kept on Supriadi's waist. When the machete that Supriadi was carrying was pulled out of its sheath, the defendant approached Supriadi and immediately held the victim Supriadi's right hand which was holding the machete, then the defendant with both hands twisted the victim Supriadi's hand which was still holding the machete until the machete blade pointed at Supriadi's stomach 2). Efforts to prevent the occurrence of criminal acts of murder, namely efforts made in the form of legal counseling, both directly and indirectly, to the community, in addition to repressive efforts,