ELEMENT OF INTENTIONALLY LOSING LIVES 

The element of intentionally killing lives is fulfilled when the perpetrator attacks the victim with a tool, such as a sharp weapon and firearm, in parts of the body where there are vital organs, such as the chest, stomach and head.

The Supreme Court was of the opinion that the defendant could be said to have had intent to commit murder. This was based on the fact that the defendant attacked the victim with a certain tool to a vital part of the victim’s body which could have caused the victim’s death. This opinion can be found in Decision No. 908 K/Pid/2006 (Otniel Layaba) where it is stated that:

“That by shooting the victim-witness in a dangerous part of the body, namely the left and right lungs, the Defendant’s actions can be qualified as intentional to kill another person’s life (Hoge Raad decision dated 23 July 1937), thus this element has been fulfilled.”

—> Supreme Court Decision No. 908 K/Pid/2006

Source:

https://putusan3.mahkamahagung.go.id/direktori/putusan/e9b113e66a0e12924470e7156141a78f.html

Salam Pancasila,

Fredrik J. Pinakunary