Pertanggungjawaban Pidana bagi Pelaku Tindak Pidana dengan Disabilitas Mental atau Intelektual

Abstract

This research examines criminal liability concerning offenders who are suspected of experiencing mental disorders. The focus of the research is directed toward the mechanism for determining the mental condition of offenders and its implications for deciding whether the offender can be held criminally responsible, as regulated under Article 44 of the Indonesian Criminal Code in conjunction with Article 39 of Law Number 1 of 2023. As a study employing a doctrinal legal research method with statutory, conceptual, and case approaches, the findings indicate that within the evidentiary mechanism, particularly regarding the issuance of medical certificates as evidence, such documents are used to assist judges in assessing the offender’s capacity for criminal responsibility. However, at the level of legal implementation, inconsistencies remain due to the absence of clear and detailed regulations concerning the classification of mental disabilities/intellectual disabilities in relation to criminal liability as referred to in Article 44 of the Indonesian Criminal Code in conjunction with Article 39 of Law Number 1 of 2023. Consequently, the determination of whether a person can be held criminally responsible tends to depend on case-by-case assessments, thereby creating the potential for legal uncertainty.