Premeditated Murder

Criminal law is a regulation concerning crimes and violations against the public interest, the commission of which is punishable by criminal penalties. The basic provisions of criminal law in Indonesia are summarized in the Criminal Code (Kitab Undang-Undang Hukum Pidana) as legislation governing criminal acts in material terms.

Premeditated murder is a form of crime regulated in Article 340 of Book Two of the Criminal Code (Wetboek van Strafrecht); or Article 459 of the “newest” Book Two of the Criminal Code (which was recently passed in a plenary session of the Indonesian House of Representatives on December 6, 2022). Since the “new” Criminal Code will only come into effect in three years' time, for the purposes of this article we will continue to refer to the “old” Criminal Code or Wetboek van Strafrecht (hereinafter referred to as the Criminal Code).

Article 340 of the Criminal Code states that “Anyone who deliberately and with premeditation takes the life of another person shall be punished for premeditated murder with the death penalty or life imprisonment or imprisonment for a certain period of time, up to a maximum of twenty years.”

This criminal act of murder differs from that regulated in Article 338 of the Criminal Code, which is only punishable by a maximum of fifteen years' imprisonment. The difference lies in the element of “premeditation” or the understanding that premeditated murder is preceded by a plan before the murder is carried out.

The debate has been about interpreting the meaning of the phrase “with intent.” Meanwhile, Chapter IX of the Criminal Code, which usually provides definitions for the terms mentioned therein, does not provide a definition for “premeditated murder” or “with intent” itself. Therefore, the judge's accuracy is important in analyzing, considering, and deciding on a case, because the decision will affect the fate of the person being punished. Thus, the punishment should not be heavier than the act committed; conversely, the guilty party should not go unpunished.

Considering that the most severe criminal punishment for premeditated murder is the death penalty, this is certainly related to the right to life, which is a fundamental right of every human being. Although the “latest” Criminal Code stipulates that the death penalty is always an alternative punishment, the substance of ending a person's life as a punishment still appears here. Meanwhile, the awareness to always link criminal law with human rights is actually a struggle that continues to be encouraged. In fact, even if a life sentence is imposed, what is at stake here is a person's right to freedom throughout their life. Therefore, it is necessary to clarify the meaning and conditions of the element of “premeditation” in the crime of premeditated murder, so that the wrong person is not sentenced.