PERSPEKTIF PEMBUNUHAN YANG DISEBABKAN GANGGUAN KEJIWAAN SEBAGAI ALASAN PENGHAPUS PIDANA

Abstrak

Mental disorders are health conditions that affect thoughts, feelings, behavior, and mood. Criminal liability for individuals with mental disorders is regulated in Article 44 of the Criminal Code. However, this provision does not explain the limitations that cannot be explained by a person's condition. Therefore, in this case, it is necessary to understand the relationship between mental disorders and activities that can be held criminally accountable. This writing uses a normative writing method based on a statutory approach and a case approach. Based on the results of research on legal regulations for individuals with mental disorders as regulated in Article 44 paragraphs (1) and (2) of the Criminal Code, the capacity to be responsible must exist: a) The ability to distinguish between good and bad actions in accordance with the law and those that are against the law; and b) The ability to determine one's will based on awareness of the good and bad of the action. An error is considered to exist if, intentionally or due to negligence, an act has been committed that causes a condition or consequence that is prohibited by criminal law and is carried out responsibly. Based on the results of research and discussion, it shows that 1.) in the Pretrial decision to the Medan District Court with Number: 8/Pid.Pra/2019/PN Mdn., That the results of the case title that the Reported Party Muhammad Nasir has sufficient evidence of committing the crime of "Fraud and or Embezzlement" as referred to in Article 378 subs Article 372 of the Criminal Code 2.) In the Pretrial decision to the Medan District Court with Number: 8/Pid.Pra/2019/PN Mdn, according to the author, the author agrees with the judge in stating that the Respondent's actions (Director of General Criminal Investigation of the North Sumatra Regional Police) determined Muhammad Nasir as a Suspect on suspicion of committing a crime violating Article 378 of the Criminal Code and or Article 372 of the Criminal Code, is an act that is very wrong and contrary to the provisions of applicable law, especially Article 44 paragraph (1) of the Criminal Code and has no binding legal force.