IMPLEMENTASI TEORI KESENGAJAAN TERHADAP TINDAK PIDANA PEMBUNUHAN BERENCANA (Studi Putusan Nomor 26/Pid.B/2022/PN.Kln)

Premeditated murder is classified as a serious crime under Article 340 of the Indonesian Criminal Code, which requires the elements of intent and prior planning. This research is motivated by inaccuracies in the application of the element of “prior planning” in Decision Number 26/Pid.B/2022/PN.Kln, where the defendant, Sabini, poisoned a victim who was not his initial target. The objective of this study is to analyze the implementation of the theory of intent in Article 340 of the Criminal Code and to examine the judge’s considerations in the case. The research employs a normative juridical method with statutory, conceptual, and case approaches. The findings reveal that the element of intent was proven through the defendant’s actions in preparing poison and arranging its use within a certain period, which theoretically falls under dolus premeditatus. However, the judge’s reasoning raises doubts, since the deceased was not the intended target. The court nevertheless ruled based on Article 340 of the Criminal Code without thoroughly assessing the existence of dolus directus toward the actual victim. In conclusion, the implementation of the theory of intent in this case was formally satisfied but not entirely accurate in substance, particularly in assessing the element of individual culpability. Therefore, greater caution is required from judges when interpreting the element of planning, taking into account both the perpetrator’s original purpose and the actual consequences of the act, so that judicial decisions better reflect justice.