The imposition of a custodial sentence upon an offender who committed the
act at the instigation of the victim has frequently been the subject of debate,
particularly in relation to judicial considerations in assessing and weighing the
facts and circumstances of the case. One notable decision warranting examination
is Judgment Number 97/Pid.B/2024/PN Bkl concerning participation in the
commission of murder. The author focuses on whether the victim’s participation in
the case was taken into account by the court. This study aims to ascertain and
analyze the manner in which the judge, as a law enforcer, evaluates facts and
circumstances in criminal adjudication of homicide cases. The research employs
normative legal methodology, emphasizing legal norms, doctrines, and principles,
with secondary data serving as the primary source. The findings indicate that the
court did not take into consideration the victim’s participation in the commission of
the crime. Accordingly, this research underscores the importance of victimology as
a foundation for judicial reasoning, in conjunction with the evidentiary record, in criminal adjudication of homicide cases