Anulir Hukuman Mati Ferdy Sambo: Ratio Decidendi Terhadap Putusan Mahkamah Agung Ditinjau Dari Aspek Kriminologi

Premeditated murder is a crime against life that still frequently occurs in society. Premeditated murder can be carried out by anyone, including members of the police who are law enforcement officers. Perpetrators of the crime of premeditated murder according to Article 340 of the Criminal Code are threatened with the death penalty or life imprisonment or a maximum period of twenty years. This research aims to determine the judge's decision ratio in changing criminal sanctions from the death penalty to life imprisonment in cases of premeditated murder committed by members of the police as well as the judge's decision ratio based on criminological aspects. This writing was prepared using normative juridical legal research methods and a statutory approach, case approach and conceptual approach. The result of this writing is that the occurrence of premeditated murder by police officers is caused by individual factors, educational factors, social and environmental factors, and is associated with rational choice theory and neutralization theory. The judge's ratio decidendi is related to the shift in the paradigm of criminal law from retributive to rehabilitative as mandated by Law Number 1 of 2023 concerning the Criminal Code and regarding service as a member of the police which, if linked to criminology, is inappropriate because the perpetrator's position as a law enforcement officer should be a burdensome situation. so Ferdy Sambo was still sentenced to death