Analisis Penerapan Ketentuan Pasal 44 Undang-Undang Nomor 1 Tahun 1946 sebagai Alasan Pemaaf pada Tindak Pidana Pembunuhan (Studi Putusan Nomor 103/Pid.B/2024/PN Ckr dan Putusan Nomor 213/Pid.B/2022/PN Kgn)

Abstract

Murder by schizophrenic perpetrators has become a public concern where the public is less aware of how to handle someone with schizophrenia, because the perpetrator cannot control himself in interacting. This has been regulated in Article 44 paragraph (1) of the Criminal Code explaining that a person with a mental disorder cannot be punished because there is a forgiving reason that eliminates the element of guilt and criminal responsibility. The formulation of the problem raised in this thesis is how are the regulations for the crime of murder according to the Criminal Code in Indonesia, how is the proof of the provisions of Article 44 of the Criminal Code as a reason for forgiveness linked to the crime of murder, how is the application of Article 44 of the Criminal Code as a reason for forgiveness in murder? Study of Decisions 103 / Pid.B / 2024 / Pn.Ckr and Number 213 / Pid.B / 2022 / Pn Kgn. The research method used is a normative legal research method which is carried out by examining library materials. The data sources used are primary legal materials, secondary legal materials, tertiary legal materials. The data collection techniques used are literature studies and document studies. The data analysis used is qualitative data analysis. The results of this study show that the crime of murder in Indonesian criminal law has experienced significant developments, both in terms of the legal substance in the new Criminal Code which is more systematic and humane, as well as in terms of the evidentiary aspect in criminal procedural law which is not only formal but also considers the subjective condition of the perpetrator, such as mental disorders. This is reflected in the analysis of two court decisions that apply Article 44 of the Criminal Code, although they produce the same final decision, there are differences in approach. Decision Number 213/Pid.B/2022/PN Kgn is more progressive because it considers medical, social, and psychological aspects as a whole and emphasizes the restoration of the defendant's dignity. This overall analysis shows the importance of implementing the law that is not only based on norms, but also pays attention to substantive justice and human values in every decision.