Criminal Legal Responsibility For Murder Perpetrators Who Suffer From Severe Mental Disorders (Psychotic)

Murder is an act that is done intentionally to seize or eliminate the life of another person for which anyone who does it will be held accountable. However, in the Law there is a regulation that a person cannot be held accountable, namely in Article 44 paragraph (1) of the Criminal Code.This research is descriptive with a normative legal writing approach taken from secondary data by processing primary legal materials, secondary legal materials and tertiary legal materials obtained from documentation studies or literature searches or collecting library research data (library research) both offline and online which are then analyzed qualitatively. Based on the research results, it was found that the criteria for perpetrators who experience severe mental disorders in the crime of murder are strange delusions or delusions (the content is clearly unreasonable) and not based on reality, somatic (physical) grandeur, religious, jealousy, hallucinations in any form, then the panel of judges decided that the defendant was guilty of committing the crime of murder, but the defendant could not be punished for the reason of forgiveness in Article 44 paragraph (1) and (2) of the Criminal Code. The criteria for severe mental disorders should be known by the relevant police agency where the defendant works, so that something like this, namely the crime of murder, will never happen so that things like this can be anticipated.

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Publication Details

Journal
International Journal Of Humanities Education and Social Sciences (IJHESS)
Published
2024-10-11
DOI
https://doi.org/10.55227/ijhess.v4i2.1301
Primary Topic
Homicide, Infanticide, and Child Abuse
Type
article
Field-Weighted Citation Impact
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article

Criminal Legal Responsibility For Murder Perpetrators Who Suffer From Severe Mental Disorders (Psychotic)

Chairuni Nasution, Lidya Rahmadhani Hasibuan, Muhammad Bayu Pratama
International Journal Of Humanities Education and Social Sciences (IJHESS)
Homicide, Infanticide, and Child Abuse
article

Criminal Legal Responsibility For Murder Perpetrators Who Suffer From Severe Mental Disorders (Psychotic)

Chairuni Nasution, Lidya Rahmadhani Hasibuan, Muhammad Bayu Pratama
article en

Abstract

Murder is an act that is done intentionally to seize or eliminate the life of another person for which anyone who does it will be held accountable. However, in the Law there is a regulation that a person cannot be held accountable, namely in Article 44 paragraph (1) of the Criminal Code.This research is descriptive with a normative legal writing approach taken from secondary data by processing primary legal materials, secondary legal materials and tertiary legal materials obtained from documentation studies or literature searches or collecting library research data (library research) both offline and online which are then analyzed qualitatively. Based on the research results, it was found that the criteria for perpetrators who experience severe mental disorders in the crime of murder are strange delusions or delusions (the content is clearly unreasonable) and not based on reality, somatic (physical) grandeur, religious, jealousy, hallucinations in any form, then the panel of judges decided that the defendant was guilty of committing the crime of murder, but the defendant could not be punished for the reason of forgiveness in Article 44 paragraph (1) and (2) of the Criminal Code. The criteria for severe mental disorders should be known by the relevant police agency where the defendant works, so that something like this, namely the crime of murder, will never happen so that things like this can be anticipated.

International Journal Of Humanities Education and Social Sciences (IJHESS)Vol. 4(2)
Universitas Pembangunan Panca Budi Medan (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 68%
Homicide, Infanticide, and Child Abuse
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