ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PEMASUNGAN ORANG DENGAN GANGGUAN JIWA (ODGJ) DI KEPULAUAN PULAU MIDAI KABUPATEN NATUNA
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Institusion
Universitas Maritim Raja Ali Haji
Author
Padilah, Padilah
Haryanti, Dewi
Syahputra, Irwandi
Haryanti, Dewi
Syahputra, Irwandi
Subject
340 Law/Ilmu Hukum
Datestamp
2024-02-07 02:25:53
Abstract :
Stalling is the act of attaching wooden blocks, chains, ropes to a person's feet and hands, being isolated, locked up and placed in a separate place in the house or elsewhere. Cases of shackling of people with mental disorders (ODGJ) do not only occur in big cities but also occur in the Midai Islands, Natuna Regency. The shackling of people with mental disorders is an action that deprives them of their freedom and a decent life as guaranteed by the State, including people with mental disorders whose rights as citizens are guaranteed. This research aims to find out the reasons for shackling people with mental disorders in the Midai Islands, Natuna Regency, and the theory used in this research is criminal responsibility. The methods used in the research are Normative Empirical, statutory regulation approach, analysis qualitative, and secondary data to help resolve legal events that occur. The results of criminal responsibility for shackling of people with mental disorders (ODGJ) In the Midai Islands, Natuna Regency, in the concept of criminal law, to be able to hold people accountable for criminal acts, you must also look at the elements of error or criminal acts involved. done. The implementation of article 333 paragraph (1) is a regulation that regulates the deprivation of liberty of people, which in this case deprives the liberty of people with mental disorders. So basically the act of shackling a person with a mental disorder violates the provisions of the criminal code and the perpetrator of the shackling can be held criminally responsible. Keywords: Shackling of Mentally Disordered People, Criminal Responsibility
Stalling is the act of attaching wooden blocks, chains, ropes to a person's feet and hands, being isolated, locked up and placed in a separate place in the house or elsewhere. Cases of shackling of people with mental disorders (ODGJ) do not only occur in big cities but also occur in the Midai Islands, Natuna Regency. The shackling of people with mental disorders is an action that deprives them of their freedom and a decent life as guaranteed by the State, including people with mental disorders whose rights as citizens are guaranteed. This research aims to find out the reasons for shackling people with mental disorders in the Midai Islands, Natuna Regency, and the theory used in this research is criminal responsibility. The methods used in the research are Normative Empirical, statutory regulation approach, analysis qualitative, and secondary data to help resolve legal events that occur. The results of criminal responsibility for shackling of people with mental disorders (ODGJ) In the Midai Islands, Natuna Regency, in the concept of criminal law, to be able to hold people accountable for criminal acts, you must also look at the elements of error or criminal acts involved. done. The implementation of article 333 paragraph (1) is a regulation that regulates the deprivation of liberty of people, which in this case deprives the liberty of people with mental disorders. So basically the act of shackling a person with a mental disorder violates the provisions of the criminal code and the perpetrator of the shackling can be held criminally responsible. Keywords: Shackling of Mentally Disordered People, Criminal Responsibility
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