PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA YANG MEMILIKI RIWAYAT GANGGUAN JIWA

• Main Author: Ramos Saragih, (Author)
• Format: Book
• Published: 2022-05-13.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/21110/1/ABSTRAK.pdf; http://repository.upnvj.ac.id/21110/13/AWAL.pdf; http://repository.upnvj.ac.id/21110/3/BAB%20I.pdf; http://repository.upnvj.ac.id/21110/4/BAB%20II.pdf; http://repository.upnvj.ac.id/21110/5/BAB%20III.pdf; http://repository.upnvj.ac.id/21110/6/BAB%20IV.pdf; http://repository.upnvj.ac.id/21110/7/BAB%20V.pdf; http://repository.upnvj.ac.id/21110/8/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/21110/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/21110/10/LAMPIRAN.pdf; http://repository.upnvj.ac.id/21110/11/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/21110/12/ARTIKEL.pdf
• Keywords: K Law (General)

This study aims to determine the regulation of criminal liability for criminals who have a history of mental disorders according to the laws and regulations in force in Indonesia by comparing the legal considerations of judges in decision number 174/Pid.B/2018/Pn.Kbm and to find out how optimizing the handling of criminals who have a history of mental disorders.This type of research is a normative juridical research that is by examining secondary data in the form of court decisions, using the statutory approach and the case approach. The data used in this study were obtained through a literature study of the literature and legislation. The results of the study concluded, firstly, there are two legal considerations of judges handling the case of decision number 174/Pid.B/2018/Pn.Kbm which is not in accordance with the content and intent of Article 44 of the Criminal Code and Article 149 paragraph (1) of Law Number 36 of 2009 concerning Health (Health Law) in which the two articles explain that a person who has a mental disorder cannot be held criminally responsible even though the person has violated the law.If the person has a mental disorder, the person must be taken to a health facility, namely a mental hospital. In this case the defendant Sumudi bin Sodali had violated the law, namely killing his own biological mother, but after being examined by a psychiatrist, the defendant Sumudi bin Sodali was proven to be suffering from one type of mental disorder, namely Paranoid. Second, to ensure the achievement of legal certainty, it is necessary to improve the laws and regulations regarding perpetrators of criminal acts with mental disorders, namely Article 44 of the Criminal Code and support from government elements to realize Article 149 paragraph (1) of Law Number 36 of 2009 concerning Health.