LEGAL ANALYSIS OF THE CRIMINAL ACTION OF MURDER OF A NEWBORN CHILD BY ITS BIOLOGICAL MOTHER (Padangsidimpuan District Court Study Number 285/Pid.B/2021/PN PSP)

Based on the problems presented, it is known that the causes of the crime of murder of newborns are caused by various factors such as economic factors, psychological factors, domestic violence factors, social environmental factors, educational factors. Infanticide is a unique form of crime. Unique in the sense that the perpetrator of the murder must be the biological mother herself, and the reason or motivation for committing the crime is because the perpetrator (mother) is afraid of being found out that she has given birth to a child. The responsibility of the perpetrator of the crime of murder of a newborn child committed by a mother who intentionally kills her own biological child when the child is born or some time after the child is born. The mother's actions are based on a reason (motive) namely being driven by fear of being found out about the birth of her child and can be held accountable in accordance with the provisions of Article 342 of the Criminal Code. The application of the judge in handing down the verdict of the Medan District Court Register Perk. Padangsidimpuan No. 285/Pid.B/2021/PN PSP. namely against the defendant Putri Ani Sari Asih proven and convincingly guilty of committing the crime of premeditated child murder with a prison sentence of 3 (three) years. Because the defendant's actions have fulfilled the elements of Article 342 of the Criminal Code, namely carried out by a mother and carried out intentionally to take the life of her child and carried out with planning.