JURIDICAL ANALYSIS OF CRIMINAL LIABILITY FOR PERPETRATORS OF PREMEDITATED MURDER FROM THE PERSPECTIVE OF THE NEW PENAL CODE

Objective: This research aims to analyze the criminal liability of perpetrators of premeditated murder and to examine the implementation of Article 459 of the new Criminal Code in criminal justice practice. Method: The research employs a normative legal research method using statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed using a descriptive qualitative method. Results: The findings indicate that criminal liability for perpetrators of premeditated murder is determined by the fulfillment of the elements of the criminal offense, the existence of intent, the offender's capacity to be held criminally responsible, and the absence of justifying or excusing grounds. The new Criminal Code retains the fundamental characteristics of premeditated murder while introducing reforms through a sentencing system that places greater emphasis on balancing legal certainty, justice, and the protection of human rights, including the regulation of capital punishment as a special form of punishment. Novelty: Therefore, the implementation of Article 459 of the new Criminal Code requires consistent legal interpretation and careful judicial consideration to ensure legal certainty and justice in the enforcement of criminal law.