Murder is one of the criminal acts that often occur in the community. Perpetrators
of murder will be sanctioned in accordance with applicable law. The law
recognizes two types of murder: common murder and murder by plan. The
perpetrator of a murder by plan is charged with a more severe punishment than
ordinary murder. Based on Article 340 of the Criminal Code which regulates
murder by plan, contains three important elements that must be met, namely: the
element of whoever, the element intentionally, and the element with the plan. This
research aims to find out the consideration of judges in handing down verdicts
against perpetrators of murder crimes with a plan based on case study verdict No.
459 / Pid.B / 2017 / PN. Tar. The method used in this research is a normativeempirical
legal
research
method.
The
data
source
in
this
study
is
secondary
data

that

is then analyzed using qualitative methods. The results showed that in this
case the perpetrator did not meet the elements with the plan but the judge handed
down a life sentence to the perpetrator under Article 340 of the Criminal Code.
The advice that can be given in this study is the need for a review of the verdict
issued by the judge in the case of the verdict No. 459 / Pid.B / 2017 / PN. Tar, and
the judicial power needs to reinforce the limits of judges when using their
consideration in deciding a criminal case.