Filsafat Moral (English) KELOMPOK 2

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PAPER

BAHASA INGGRIS

(“MURDER OF ONE FAMILY IN BEKASI REVIEWED FROM OF


PERVERTED CONSCIENCE”)

Lecturer : Sinta Pratiwi, M.Pd

ARRANGED BY OF GROUP :
MUHAMMAD JULIRIANSYAH (221323041)
MUHAMMAD FAKHRI RAFIF (221323040)
GUSTIANSYAH (221323043)
SEPTIA ANANDA (221323037)

LAW HIGH SCHOOL OF RAHMANIYAH


SEKAYU
2022/2023
FOREWORD

Praise and gratitude to God Almighty for His blessings, mercy and gifts I was able to
complete this Moral Philosophy course assignment well. Paper entitled "Murder of One
family in bekasi reviewed from a perverted conscience". This paper was prepared with the
aim of completing the final project of .
I would like to thank the lecturer who teaches bahasa inggris, SINTA PRATIWI, M.Pd
who is willing to guide and direct in the preparation of this paper.
I hope that this paper that has been compiled can provide inspiration for readers and
writers and also hope that this paper will be a good reference for readers.
Abstract

A perverted conscience often leads the human being to fall into behavior that deviates from
the ethics, norms, religion, and laws that exist in human life. Murder is one of the most
ethically deviant acts in everyday life, murder is also strictly prohibited by religion. In
Indonesia, the perpetrators of the murders get the appropriate punishment according to the
type of murder committed. In Indonesia, premeditated murder carries a very serious penalty
compared to unplanned murder. Like what Haris Simamora did, who killed the Nainggolan
family and received the Death/life sentence, this murder case was very real planned by Haris
in advance because there was a grudge against Ninggolan Diperum.

Keywords : Conscience, Law, and Murder.


CHAPTER I
Introduction

A. Background
Murder is a very serious crime and has received serious attention in the
community. An act of murder is an act intentionally or unintentionally when it takes the
life of another person. The difference in the way of committing this criminal act of
murder lies in the legal consequences, when this criminal act of homicide is carried out
intentionally or planned in advance, the legal consequences are that the criminal
sanctions are more severe than the criminal act of murder committed without ballast
elements, namely planned in advance.
Morals in human life have a very important position. Moal values are indispensable
for human beings, both in their capacity as individuals (individuals) and as members of a
group (society and nation). Morals have a very important position because humans in
their lives must obey and obey the norms, rules, customs, laws, and laws that exist in a
society.
"Man is a creation of God who has a mind. Moral deeds spark both human and
noble natures. It is this kind of deed that is the field of ethical explanation, because it is
normative, showing values." A. Dewantara (2017:43).
As a human being who has a very different mind from animals, he should be able
to control himself and be able to restrain the passions that will plunge him into things
that deviate from norms, ethics, and religion. If people have hearts that love each other
and understand the norms that circulate in society, the murder should never happen.

CHAPTER II
Discussion

2.1 Case Discussion


The murder of one family in this area occurred on the date of the Murder occurred
on Monday night (12/11/2018) or Tuesday (11/13/2018) early morning, The motive for
the murder by Haris Simamaora on the family of Diperum Nainggolan is revenge.
Because of the actions of Diperum Nainggolan and Maya Boru Ambarita because he felt
that the victim was seizing his income. Haris Simamora used to be the 'Father of Kost' in
a boarding house located on Jalan Bojong Nangka 2, Pondok Gede, Bekasi. Later, the
management of the boarding house was replaced by Diperum Nainggolan and Maya
Ambarita. The owner of the boarding house itself is the victim's older brother Douglas
Nainggolan. Apart from being vengeful because of his income Haris Simamora is also
often scolded by Diperum Nainggolan and Maya Boru Ambarita, Haris' emotions are
further ignited when he is awakened to sleep by both of them using his legs. This caused
Haris Simamora to feel even more hurt. At that time, Haris Simamora, who was invited
by the victim to buy necessities for christmas celebrations, Diperum Nainggolan and his
wife Maya Boru Ambarita who slept in the television room. From here, Haris, who had
experienced a perverted conscience, was free enough to kill Diperum Nainggulan and his
wife, Haris killed Diperum Nainggolan using a crowbar in the kitchen of the victim's
house. The perpetrator hit Diperum Nainggolan with a crowbar after which Haris stabbed
the victim in the neck with the crowbar anyway, after Diperum Ninggolan died next was
the wife of the victim who was killed. From this it is clear that the murder was really
planned in advance and got the right time to launch the grudge he had been feeling
In addition to killing the married couple, Haris also killed the two children of
Ninggolan District. Because when killing the married couple, the victim's two children
saw it and even Haris told the two children to go back to sleep. After the two children
slept soundly, Haris then killed the two children by strangling the two victims' children
to death for the reason that the two children were still alive, which could be reported by
local residents.
After killing 1 family, Haris Simamora immediately fled with the victim's car
parked in front of the house, with clothes full of blood spots and carrying a crowbar that
the perpetrator used to kill the victim. In the middle of the road Haris Simamora threw
away the crowbar to remove evidence.
Discovery of Nainggolan's body and family found by One of the victim's
neighbours who passed by Nainggolan's house on Tuesday at 3:30 a.m. saw the gate of
the victim's house open and the television still on. The victim's neighbor tried to call and
called the victim but there was no response, at 6:30 a.m., the victim's neighbor began to
become suspicious even though usually such a clock was awake, then the victim's
neighbor opened the victim's house and was shocked to see that Ninggolan and his wife
were dead and covered in blood. Seeing this, the victim's neighbors called other residents
and the RT chief and reported the incident to the local police. With this incident, the
police immediately identified and searched for the perpetrator of the murder.
Haris Simamora, who was the perpetrator of the murder of one family, then rented
a boarding house and entrusted the victim's car to the owner of the boarding house. The
perpetrator after killing the victim then rented a boarding house at a price of Rp. 900,000
and only paid the boarding house Rp. 400,000. The perpetrator was only briefly in the
boarding house and left the car he was carrying on the grounds that he would take his
clothes and belongings.
After the victim's car was found by the police and by trying to contact the
perpetrator, the perpetrator finally managed to find out the whereabouts of the
perpetrator after three days. The perpetrator was found at the foot of Mount Guntur,
Garut, West Java at the climbing post. There were also found various pieces of evidence
that were strongly considered by the police, but when searched by the police Haris
evaded if he committed the murder of the family in bekasi.
Despite being evasive, Haris was finally unable to move when the police showed
some evidence in the form of the victim's car keys and cellphones with blood spots that
corroborated Haris as the main culprit in the family murder case in Bekasi. Then the
police took Haris to Jakarta for an examination and in the end Haris confessed to his
actions. At this time, Haris Simamora was finally determined to be the perpetrator of the
murder and received the death penalty and was entangled with a layered article, article
365 paragraph (3) of the Criminal Code and article 340 of Article 338 of the Criminal
Code.

2.2 Theoretical Discussion


A perverted conscience is a heart that cannot control what is the will of man that
opposes the ethics of everyday life. Ethics is the science of human behavior as a whole.
Ethics is directly related to norms or values or values or principles of moral principles or
ethical ideas of humanity. Learning ethics directly has the goal of not just investigating
norms of norms of goodness, justice and the like. The purpose of ethics is practical,
which is to organize people to act well and be good. As a practical science ethics is thus
more related to other philosophical sciences that have a character such as politics and
law.
2.3 Discussion
The motive for Haris Simamaora's murder of the Nainggolan family was
resentment and heartache. It is from the motive for the murder committed by Haris
Simamora that he did it against his will and that the murder was planned well in advance.
A. Dewantara (2017:12) says "human ratios are present in the process of their actions,
such as: planning, decision-making, affirmation of the will, its elaboration in concrete
actions, and its later evaluation".
In this case, Haris' actions in the view of moral philosophy and norms in human
life are unethical acts, morally intersecting with the values of order and divine and
cultural values (ideology). When human action takes away lives, there are ethical reasons
that can be put forward. In this case Haris has a perverted conscience, A. Dewantara
(2017:22) "when misguidance relates to what should be known, in other words, of what
he ought to know, but he does not want to know or allow himself not to know, he is
clearly guilty." Because Haris had a perverted conscience and did not think long before
killing the family of Diperum Nainggolan, Haris obeyed his emotions and had the heart to
kill a family who was Haris' brother and had no mercy towards his brother just because of
grudge. Because often that perverted conscience will trap people into negativity.
A. Dewantara (2017:28) "moral evil touches directly on the natural reality that we
have freedom." In fact, man is controlled in a certain system of norms and in the context
of his consciousness that man can only be enslaved by God and not his lustful desires.
The value of divinity as an awareness is then placed in the cultural space. Human culture
is formed on the reflective awareness of His desire for man. Man captures God's will in
his consciousness and embodies His will in his mind and is embodied by the culture he
created
In the context of murder, eliminating life is a resistance to God's will. God's will
must love each other, Man's free will is within the limits of God's will, so man killing
another man is not a will of God. A culture formed on godly consciousness forms its
value in accordance with the value of the godhead itself. Then the standard of cultural
norms will reject the occurrence of the disappearance of life by other human beings.
A. Dewantara (2017:39) " the law is that which is binding, which has the power of
prohibition, the power of prohibition, the power of obligatory power." The Law of
Nature cannot be separated from reason and justice. The Law of Nature, which obeys
commandments and prohibitions, comes from reason. Thus, the Law of Nature is a
command of reason. In fact, it is sometimes concluded that the Law of Nature is nothing
but reason itself. In the eyes of adherents of the Natural Law school, justice is a moral
virtue in law. The law must contain or contain the principles of justice. Justice is a
constitutive element of the law. So closely the element of justice in the law, that the idea
develops that an unjust law is not a law. Thomas Aquinas determined the laws of nature
in a hierarchical structure as follows (Aquinas,2002):
1. The culmination of the hierarchy is the eternal law (lex divana), that is, the rational
arrangement of all things in which God is the master of the universe;
2. Under the eternal law is the law of nature, believing the participation of rational
beings in the eternal law. In its embodiment, natural law has two forms: first, the
wisdom or wisdom that is necessary to live life with what Aquinas calls "reason";
second, aequity, i.e. abandoning the provisions of the law if its literal application
actually takes away the spirit of His sentence (contrary to lex divina);
3. Under the law of nature is a positive law or a man-made law.
According to the above understanding, the law derived based on God's revelation is
the main basis of the law under it, both the law of ratio and the law of positivity. As the
main law of law, the law of the ratio of reason and the law of man (positive) will be
submissive.
The intentionality of taking the life of another person is by the criminal code which
is referred to as a 'murder'. For his actions, Haris was threatened with the death penalty.
Haris was charged with multiple articles, article 365 paragraph (3) of the Criminal Code
and article 340 of Article 338 of the Criminal Code. Here's what the chapters read:
Article 365
1. With a penalty of imprisonment for a term of nine years, a preceding theft is
punishable, accompanied or followed by violence against persons, with the intention
of preparing or facilitating the theft or if caught so that there is an opportunity for
himself or for his comrade who committed the crime to escape or so that the stolen
item remains in his hands.
2. Imprisonment for a term of twelve years, imposed
1e. if the deed is done at night in a closed house or yard, which is in its house or on
the road or in a running train or tram.
2e. if the deed was done by two or more people together.
3e. if a person enters the place of committing the crime by way of dismantling or
climbing, or by way of wearing a false key, a false order or a false garment of
office
4e. if the deed makes anyone seriously injured
3. A penalty of imprisonment for the duration of fifteen years is imposed if for the deed
there is a dead person.
4. The penalty of death or imprisonment for life or temporary imprisonment for a term
of twenty years is imposed, if the deed renders cause a person serious injury or death,
by one thing described in Nos.1 and 3.

Article 340 of the Criminal Code


"Whoever intentionally and with a premeditated plan deprives another of his life, is
threatened with murder by premeditation, by the death penalty or
imprisonment for life and for a specified time not more than twenty years", indictment:
Article 338 of the Penal Code " Whoever intentionally deprives another person of life, is
threatened with murder with imprisonment for not more than fifteen years", charge of
more subsidaire: Article 351 subsection (3) of the Penal Code "If it results in death, it is
punishable by a maximum sentence of seven years". The prosecutor charged the
defendant with imprisonment for 17 (seventeen) years in prison with a reduction while
the defendant was in temporary custody and with the order that the defendant remain in
custody and then pay the restitution filed for 841,600,000 rupiah. The judge imposed a
lighter criminal sanction on the defendant than the prosecutor's demand of imprisonment
for 15 (fifteen) years and granted restitution to the restitution applicant in the amount of
11,600,000 rupiah.
CHAPTER III
CONCLUSION

The crime of murder is an act that intentionally or unintentionally, takes the life of
another person. If this murder is carried out intentionally or premeditated, the legal
consequences and penalties obtained by the perpetrator will be more severe than the murder
committed by not planning in advance.
From the discussion of the case above, it can be concluded that a perverted conscience
often makes the human being fall into behavior that deviates from the ethics, norms, religion,
and laws that exist in human life, what Haris Simamora did was actually very opposed to
ethics, norms, and religion. What Haris has done is a behavior that is not pleasing to God and
man. As human beings should be able to love and forgive one another. From the case above,
it can also be a lesson for us to always draw closer to God so that we can avoid negative
thoughts and we also have a conscience that is not indecisive.
The impact of the perpetrator of murder is criminal liability for a person who commits a
criminal act or criminal act. The appropriate punishment for perpetrators of the crime of
premeditated murder is the death penalty, the heaviest sanction that applies in a regulation in
the surrounding community. The provisions of this punishment are written in the Criminal
Code (KUHP).
BIBLIOGRAPHY

 Dewantara, A. (2017). Filsafat Moral (Pergumulan Etis Keseharian Hidup Manusia).


 http://m.tribunnews.com/section/2018/11/23/update-pembunuhan-satu-keluarga-di-
bekasi-terungkap-alasan-hs-bunuh-dua-anak-korban?page
 https://www.liputan6.com/news/read/3692526/melacak-pembunuh-sekeluarga-di-
bekasi-dari-boneka-beruang
 https://books.google.co.id/books?
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