Criminal Responsibility of Mental Disorders for Criminal Offenses in Indonesia
Journal Title: International Journal of Social Science And Human Research - Year 2024, Vol 7, Issue 07
Abstract
Indonesia places all people as equal in the eyes of the law, this is in accordance with Article 27 Paragraph (1) of the 1945 Republic of Indonesia Constitution which states that all citizens have the same position under the law and government and are obliged to uphold the law and government without exception. However, it is not easy to realize this goal if you look at the conditions in which criminal law is applied. Criminal law practice, especially for perpetrators with mental disorders. In this case, it is necessary to study the criminal liability of perpetrators of crimes with mental disorders in the laws and regulations in Indonesia. The theories used are the Theory of Criminal Responsibility, the Theory of Punishment, and the Theory of Justice. Criminal liability by perpetrators with mental disorders is regulated in Article 44 paragraph (1) of the Criminal Code and the Mental Health Law, however, there are no regulations regarding the limitations of mental disorders, giving rise to legal uncertainty both for the victims of criminal acts with mental disorders or for the perpetrators themselves.
Authors and Affiliations
Dian Novianti, Eko Soponyono
Keywords
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- EP ID EP739901
- DOI 10.47191/ijsshr/v7-i07-10
- Views 48
- Downloads 0
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