STUDI PERBANDINGAN PUTUSAN HAKIM DALAM MENENTUKAN UNSUR “PERENCANAAN” PADA PASAL 340 KUHP (STUDI PUTUSAN NOMOR 632/PID.B/2021/PN.CKR DAN PUTUSAN NOMOR 878/PID.B/2020/PN.BPR)

This study examines the comparative legal considerations in two court decisions, namely Decision No. 632/Pid.B/2021/PN.Ckr and Decision No. 878/Pid.B/2020/PN.Bpr, with a specific focus on the application of the element of “premeditation” in the criminal offense of premeditated murder as regulated in Article 340 of the Indonesian Penal Code (KUHP). The method used is normative juridical with a qualitative approach, based on literature review and analysis of court decision transcripts as primary data. The findings reveal a difference in judicial reasoning regarding the fulfillment of the element of “premeditation,” which resulted in differing criminal sanctions. In Decision No. 632/Pid.B/2021/PN.Ckr, the defendant was sentenced to 20 years of imprisonment, taking into account their cooperative attitude and remorse. Meanwhile, in Decision No. 878/Pid.B/2020/PN.Bpr, the defendant was sentenced to life imprisonment due to the severe violence inflicted on a child victim, a prior criminal record, and an admitted intention to take a life. The study concludes that varying interpretations of the premeditation element in premeditated murder cases can significantly influence the severity of the sentence imposed. Therefore, it is recommended that judges impose the maximum penalty on perpetrators proven to have fulfilled the elements of Article 340 of the Penal Code, and that the state ensures adequate protection and recovery for victims and their families as a form of justice enforcement and respect for humanitarian values.