Pertanggungjawaban Pidana dalam Kasus Pembunuhan yang Dilakukan dengan Alasan Kerasukan Setan Studi Putusan Nomor 109/Pid.B/2019/Pn Rah

Abstract

The phenomenon of invoking demonic possession as a defense in criminal cases, particularly in murder, frequently appears in court proceedings as an attempt by defendants to eliminate or mitigate their criminal liability. This defense is generally associated with mental disorders or psychological disturbances that are believed to impair consciousness and self-control. However, Indonesian positive law does not explicitly recognize supernatural factors such as possession as a legitimate ground for negating criminal responsibility, unless it can be medically proven that the offender was suffering from a mental disorder affecting their capacity for responsibility. This study aims to analyze the criminal liability of a murderer who claimed demonic possession as a defense in Decision No. 109/Pid.B/2019/PN Rah, and to examine how the judges assessed the elements of fault (mens rea) and the offender’s capacity for responsibility. The research employs a normative juridical method with a case approach and a statutory approach. Data were obtained through an analysis of court decisions, statutory regulations, and relevant criminal law literature. The findings indicate that the panel of judges considered the defendant to be criminally responsible, as there was no medical evidence proving the existence of a mental disorder at the time of the act. Therefore, demonic possession cannot serve as a basis for exemption from punishment, but may only be considered a psychological factor in sentencing. The analysis further shows that the judges consistently applied the principle of culpability (geen straf zonder schuld) and the principle of legality in rendering their decision, without accepting demonic possession as a valid defense in the case.