PENGHENTIAN PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA YANG MENGALAMI GANGGUAN JIWA
Total View This Week0
Total View This Week0
Institusion
Universitas Jambi
Author
Fadilah Januarizky, M Fariz
Usman, Usman
Liyus, Herry
Usman, Usman
Liyus, Herry
Subject
KDC Scotland
Datestamp
2024-05-17 07:20:59
Abstract :
The objectives of this research are 1) To determine and analyze the legal regulations for perpetrators of criminal acts committed by people who experience mental disorders according to laws and regulations in Indonesia; 2) To find out and analyze the investigation arrangements for perpetrators who experience mental disorders, review the statutory regulations. The method used in this research is a normative research method with a statutory-regulatory approach (legislative approach), a conceptual approach (conceptual approach) and a case approach (case approach). The legal materials used are: primary legal materials, secondary legal materials and tertiary legal materials. Analysis of the collected legal materials is carried out by inventorying, systematizing and interpreting. The research results show that 1) The provisions that regulate materially and formally regarding the criminalization process for people with mental disorders still do not show legal certainty and justice where in the process of disclosing investigations, investigators are not given the functionality in article 44 paragraph (2) of the Criminal Code, and in terms of disclosure requirements by investigators in Article 109 paragraph (2) they do not provide information that one of the investigations is due to the perpetrator having a mental disorder. 2) Given the existing deficiencies in the regulations regarding the investigation of perpetrators for mental disorders, it is hoped that an element of function or permission for investigators to stop the investigation can be included as well as regulations regarding one of the conditions for stopping the investigation because the perpetrator can be proven to have a mental disorder. Keywords: Investigation; Criminal act; Offenders with Mental Disorders
The objectives of this research are 1) To determine and analyze the legal regulations for perpetrators of criminal acts committed by people who experience mental disorders according to laws and regulations in Indonesia; 2) To find out and analyze the investigation arrangements for perpetrators who experience mental disorders, review the statutory regulations. The method used in this research is a normative research method with a statutory-regulatory approach (legislative approach), a conceptual approach (conceptual approach) and a case approach (case approach). The legal materials used are: primary legal materials, secondary legal materials and tertiary legal materials. Analysis of the collected legal materials is carried out by inventorying, systematizing and interpreting. The research results show that 1) The provisions that regulate materially and formally regarding the criminalization process for people with mental disorders still do not show legal certainty and justice where in the process of disclosing investigations, investigators are not given the functionality in article 44 paragraph (2) of the Criminal Code, and in terms of disclosure requirements by investigators in Article 109 paragraph (2) they do not provide information that one of the investigations is due to the perpetrator having a mental disorder. 2) Given the existing deficiencies in the regulations regarding the investigation of perpetrators for mental disorders, it is hoped that an element of function or permission for investigators to stop the investigation can be included as well as regulations regarding one of the conditions for stopping the investigation because the perpetrator can be proven to have a mental disorder. Keywords: Investigation; Criminal act; Offenders with Mental Disorders
Download
book
BibTex
Latex, Jabref
cloud_download
Original Resource
url resource Institution
