Analysis of Judges' Decisions In Imposing the Death Penalty to Provide Legal Certainty

Abstract

This study aims to understand and analyze the considerations of judges in applying substantive criminal law in Decision No. 989/Pid.Sus/2021/PN.Bdg and Decision No. 86/Pid.Sus/2022/PT.Bdg, and whether these decisions have provided legal certainty. The type of legal research conducted is normative legal research, with a descriptive-analytical specification, tilizing a legislative approach and a case-based approach. This research adopts a descriptive-analytical approach, aiming to detail all observed phenomena and facts in the field. It examines and analyzes these elements in connection with the study's key issues and compares them with the actual conditions observed in practice. The research results show that there are differences in the judges' considerations between Decision No. 989/Pid.Sus/2021/PN.Bdg and Decision No. 86/Pid.Sus/2022/PT.Bdg. The Court of First Instance imposed a life imprisonment sentence and restitution to the state, while the Appellate Court imposed the death penalty and restitution to the defendant. Decision No. 86/Pid.Sus/2022/PT.Bdg has provided justice and legal certainty for the public and victims, as the decision does not lead to multiple interpretations, is based on statutory regulations, and does not cause doubts in society regarding its implementation.