TINJAUAN HUKUM PUTUSAN HAKIM DALAM TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN DENGAN SENGAJA: (Studi Putusan Nomor :292 / PID.B / 2018 / PN. Pw)

This study aims to determine the judges' considerations in making adecision on a crime of deliberate murder and whether the judge's decision onintentional murder is in accordance with the application of Article 338 of theCriminal Code.This research is a descriptive research and when viewed from theobjective, it includes normative legal research. Research location at the PasarwajoDistrict Court. The type of data used is secondary data. The data collectiontechnique used is through document study in the form of books, laws andregulations, and archives. The data analysis technique is a qualitative analysistechnique with an interactive model.Based on this research, it is found that the judges' considerations inmaking a decision on a crime of murder committed intentionally include: the factsfound in the trial, whether the elements of the articles charged by the publicprosecutor to the defendant have been fulfilled, there are at least two validevidence, the judge's conviction that a criminal act actually occurred and that thedefendant was guilty of committing it, whether there are things that can be used asjustification or excuse that can eliminate the unlawful nature of the defendant'sactions, and considerations regarding these matters. - things that are burdensomeor that relieve the defendant.The judge's decision in the crime of deliberate murder is in accordancewith the application of Article 338 of the Criminal Code, because the elements inArticle 338 of the Criminal Code, namely the "intentionally" element, the"eliminate" element, the "life" element, and the "other person" element. "Thedefendant had fulfilled it at the trial, so that the judge sentenced the defendantaccording to his actions.Keywords: Judge's decision, murder, deliberately committed, application ofArticle 338 of the Criminal Code.