Analisis Hukum Mengenai Pembunuhan yang Dilakukan oleh Penderita Gangguan Jiwa Kategori Skizofrenia Paranoid (Studi Putusan Nomor 288/PID.B/2020/PN PMS)

Abstract

This research aims to know and analyze about criminal liability of criminals with schizophrenia within Decision of Pematang Siantar District Court Number: 288/PID.B/2020/PN PMS. Next The panel of judges considers is with description defendant and description witnesses as well as tool proof submitted letter by prosecutor Prosecutor General and with existence goods proof results inspection local , whether defendant could to blame or no . As is known in case this is the judge for rule out tool proof description witness and tool proof description expert . So that defendant Suheri Sihombing declared guilty on act criminal The murder he did to victim Vecky Erwanto Damanik . Presented witnesses by party prosecutor Prosecutor General that is a expert ruled out by judge, by because that defendant Suheri Sihombing treated by no fair with punishment prison for 13 ( Three Twelve ) Years because he have disease or disturbance soul category Paranoid Schizophrenia is said no capable responsible . With put it aside tool proof description witness and tool proof description expert so possibility very big for ensnare defendant , however Public must ready for face impact bad . The possibilities bad to be appear , between other : action for make it easy proof , emergence injustice for defendant , arising error from judge's conviction . In case this description a expert must used because there is something recording Diagnosis psyche defendant Suheri Sihombing So if description from a expert ruled out , then can just factor from judge's belief is wrong in evaluate and cut off case that . Ability responsible set in Article 44 of the Criminal Code, however in provision the no explained limitations state someone who doesn't could accountable , so in Thing this need knowing connection Among disturbance psyche and ability responsible in the Criminal Code as well as knowing in limit where somebody in situation no could accountable. Writing this use method writing normative based on approach Constitution and ingredient law other . Conclusion from writing this is a person who has disease or disturbance soul no always said no capable responsible but must conducted inspection more first , with thereby besides Judge role, role a psychiatrist also very required .