Pembuktian Orang Dengan Gangguan Jiwa (ODGJ) Sebagai Alasan Penghapus Pidana

Abstract

Any act that violates the provisions of the criminal law will result in the perpetrator being subject to punishment. The imposition of a criminal sentence against the offender is a form of accountability for the actions he has committed. However, not all perpetrators of criminal acts can be punished. There are reductions, additions, and even exceptions to sentences regulated in the Criminal Code (KUHP), such as people with mental disorders (ODGJ). The purpose of this research is to produce a discussion regarding the Criteria for Criminal Elimination for People with Mental Disorders and what is the legal basis for abolishing punishment for People with Mental Disorders. The type of research used in this research is legal research with a normative juridical legal research approach. Article 44 paragraph (1) of the Criminal Code states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mind. This article shows that people with mental disorders are free from punishment.

Keywords: Disturbance, Soul, Elimination, Criminal