THE PREMIDITATED MURDER IN THE FAMILY: RECONSTRUCTION OF CRIMINAL WEIGHTING

Abstract

The Premeditated murder is a crime that is considered as a serious crime. This study discusses how to apply criminal sanctions against perpetrators of premeditated murder by a husband against his wife? and how is the reconceptualization of the crime of premeditated murder in the family? This study uses a normative legal research method. The results showed the conclusion that based on the description of the sanctions and the defendant which was investigated by the author, the panel of judges based on the facts at trial judged that the defendant could be held accountable for his actions with the consideration that when the defendant committed his actions the defendant was aware and knew the consequences of his actions. So that the panel of judges imposed a life sentence for a crime intentionally and the plan in advance to take the lives of others and the persecution was appropriate. Reconceptualization of the weighting of the crime of murder should also be carried out in the context of reforming norms, namely by considering the victims of the murder, as in Japan, which gives weights based on the victim, if the victim of homicide and premeditated murder is a family lineage in the hierarchy and above