Criminal Liability of People with Mental Disorders: Health Law Perspective

Rizka, Rizka, Budiono, Arief, Prasetyo, Yogi, Praja, Chrisna Bagus Edhita, Khairunnisa, Hasna Atikah, Iriani, Dewi and Hakim, Hary Abdul (2022) Criminal Liability of People with Mental Disorders: Health Law Perspective. Open Access Macedonian Journal of Medical Sciences, 10 (E). pp. 435-438. ISSN eISSN: 1857-9655

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Abstract

Criminal liability is a mechanism to determine whether or not a suspect may be held responsible for an action. Mental disorders are conditions that prevent someone from having the ability to take responsibility for their actions. The Indonesian Criminal Codes I and II provide a guide on the criminal liability of people with mental disorders. This is normative legal research with a focal point on inventorying written positive laws under legal principles and doctrines to discover the law in a case. The result shows that the judge has full authority to sentence offenders with mental disorders. Otherwise, they have to consider the facts at the trial and ask expert witnesses. We argue that imposing the sanction for perpetrators with mental disorders is not in line with Lex Neminem Cogit Ad Impossibilia, which is embedded in the Indonesian criminal code. Moreover, the judge needs to involve the psychiatrists to manage the suspect with a mental disorder in their decision.

Item Type:	Article
Uncontrolled Keywords:	Criminal law, Criminal liability, Mental disorders
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Laws > Departements of Laws
Depositing User:	Library Umpo
Date Deposited:	16 Mar 2023 06:47
Last Modified:	16 Mar 2023 06:47
URI:	http://eprints.umpo.ac.id/id/eprint/11253

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