INKONSISTENSI PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PEMBUNUHAN DENGAN GANGGUAN JIWA DALAM SISTEM PERADILAN INDONESIA

Abstract

This study aims to examine criminal accountability for perpetrators of murder who have mental disorders, with an emphasis on legal norms and human rights principles in the Indonesian criminal justice system. The method used is normative juridical with the support of literature studies, in order to trace the application of the principle of error to individuals who are mentally declared incapable. The results of the study show that there are inconsistencies in the application of Article 44 of the Criminal Code, especially related to the unclear standards of psychiatric evaluation and weak coordination between legal institutions and mental health institutions. The study also compares practices in several other countries and emphasizes the need for a restorative approach that is able to maintain a balance between public safety and the protection of human dignity. In conclusion, legal reform is needed that is more in favor of proportional justice while ensuring respect for the rights of people with mental disorders (ODGJ)