PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PENDERITA CACAT MENTAL

Abstract

The Integrated Criminal Justice System in the Criminal Code is the basis for the implementation of criminal justice process that really works well. In proving criminal cases, law enforcement is tasked with finding material truths, basing on evidence tools in order to fulfill the elements of the article charged to the Defendant. A person's punishment is not sufficient if the person has committed an act that is against the law or against the law. For criminalization still need to condition, that the person who committed the act has a fault or guilt (subjective guilt), his actions must be accountable to the person. The Indonesian Penal Code does not specifically regulate criminal liability but only regulates the circumstances in which the author is not accountable. This research was compiled using normative juridical research type knowing the determination of the limits of psychiatric aspects, especially people with mental disabilities in criminal liability according to Article 44 of the Criminal Code and a comprehensive understanding of the application of psychiatric aspects in the Criminal Verdict Number: 16/Pid.Sus/2019/PN.Wsb. The limitation of mental disability as stipulated in Article 44 paragraph (1) of the Criminal Code, is medically classified according to the Classification and Diagnosis of Mental Disorders Guidelines (PPDGJ)-III as a clinical reference to determine the classification of mental retardation. The judge may consider visum et Repertum Psikiatricum to assist in presenting elements that can determine the defendant's accountability. The inability to be responsible for people with mental disabilities as a reason for forgiveness cannot be punished. Law enforcement is expected to enforce the Mental Health Screening Guidelines for the Benefit of Law Enforcement. There is a need for regulatory standardization both in internal and joint regulations in the field of law with medical in the application of the determination of the limits of the ability of responsible perpetrators of criminal acts suffering from mental disabilities.