Perlindungan Hukum Bagi Pelaku Kejahatan Yang Mengalami Gangguan Jiwa Menurut Pasal 44 Kitab Undang – Undang Hukum Pidana

Abstract

Legal protection is a legal system aimed at safeguarding individuals and society from criminal acts through law enforcement to provide protection for victims, witnesses, and violations of human rights, including legal protection for perpetrators of crimes who suffer from mental disorders, as not all offenders are in a normal mental state. According to the Ministry of Health of the Republic of Indonesia (2000), mental health problems are defined as changes in mental function that result in disturbances of mental function, leading to personal distress and/or difficulty in fulfilling social obligations. Article 44 of the Indonesian Criminal Code (KUHP) stipulates that a person who commits a criminal act while experiencing a mental disorder cannot be held legally accountable. Legal protection for perpetrators of crimes with mental disorders aims to ensure that they are treated fairly in accordance with their mental condition. Indonesian criminal law provides an exemption from criminal responsibility for perpetrators with mental disorders, while also regulating rehabilitation or treatment measures to protect the public and support the recovery of the offender.
Keywords: Legal Protection, Crime, Mental DisorderAbstrak