KAJIAN YURIDIS PENETAPAN KUALIFIKASI PELAKU PEMBUNUHAN BERENCANA (STUDI KASUS PUTUSAN NOMOR 632/Pid.B/2021/PN CKR)

Premeditated murder is an act of taking the life of another person with the concept of time and method. The purpose of premeditated murder is so that the murder can run smoothly, and most importantly to deceive the police. Referring to one of the criminal acts of premeditated murder that occurred in Cikarang in 2021, the convict named Endang Sutiawati Alias Tato Alias Akil Bin Anen was convicted by the judge in accordance with the prosecutor's first indictment, namely "Article 340 of the Criminal Code Jo. Article 55 Paragraph (1) 1 of the Criminal Code", in the decision, the defendant has legally and convincingly committed premeditated murder together. In the author's decision, the judge in his decision did not explain the elements of the article regarding the perpetrator's qualifications for committing premeditated murder in accordance with Article 55 Paragraph (1) 1 of the Criminal Code. In the author's decision, the judge in his decision did not explain the elements of the article regarding the qualifications of the perpetrator in carrying out premeditated murder in accordance with Article 55 Paragraph (1) 1 of the Criminal Code. The author is interested in conducting research discussing the qualifications of the perpetrators of the crime of premeditated murder in Decision Number 632/Pid.B/2021/PN CKR according to Indonesian criminal law and the legal consequences of Decision Number 632/Pid.B/2021/PN Ckr if it does not contain one of the provisions in Article 197 Paragraph (1) of the Criminal Procedure Code (KUHAP). The research method used is a normative approach. This research uses types and sources of analysis of primary and secondary legal materials and identifies practical implications. The data collection technique used is literature study. The results of the research show that the qualifications for the actions of the Defendant, Endang Sutiawan Als TATO Als Akil Bin Anen, were that he clearly carried out the act intentionally and with a plan in advance to take the life of the ix victim Saiin Bakdun, which is one unit of action as referred to as the person who committed or participated in carrying it out. The legal consequence of the lack of
qualification of the defendant's actions in the decision is that it is null and void. The decision is considered to have never existed in the first place, the decision has no force/legality and legal consequences, and the decision has absolutely no power of
execution or cannot be implemented. However, even if the law defines something as null and void, the situation being null and void does not automatically occur, there must be an official statement from a higher authority, through further legal action. Thus, if one of the elements in Article 197 paragraph (1) is not fulfilled, then decision Number 632/Pid.B/2021/PN Ckr is null and void, as further regulated by Article 197 Paragraph (2) which reads "No Fulfillment of the provisions in paragraph (1) letters a, b, c, d, e, f, h, j, k and I of this article will result in the decision being null and void." Suggestions and input for the Panel of Judges, in preparing decisions it must be done in an integralistic, careful and thorough manner and it is hoped that this can increase the quality and quantity of the judge's performance and improve performance in making court decisions with good consideration. Apart from that, legal advisors who find errors in formal or material aspects of their client's decision can file an appeal or cassation before the decision
becomes legally binding.
Keywords: Premeditated murder, qualifications of the perpetrator, legal consequences