ANALISIS PERTANGGUNGJAWABAN PIDANA PENGANIAYAAN OLEH PELAKU YANG MENGIDAP EPILEPSI (STUDI PUTUSAN NO. 25/Pid.B/2020/PN.WAT)

Hawani Romli, NIM.: 17103040146 (2021) ANALISIS PERTANGGUNGJAWABAN PIDANA PENGANIAYAAN OLEH PELAKU YANG MENGIDAP EPILEPSI (STUDI PUTUSAN NO. 25/Pid.B/2020/PN.WAT). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Criminal liability in the criminal law system states that in article 44 paragraph 1 people who cannot be held accountable for their actions are people who are mentally disabled or disturbed because of an illness. Many forms and types of disease disorders that can be found in everyday life, one of which is epilepsy. People who suffer from this disorder also have the potential to commit a crime. The main problem of this research is how to criminal liability for people who have epilepsy disorders. The subject matter is then formulated in several sub-problems, namely: 1. What is the criminal responsibility of perpetrators of persecution who suffer from epilepsy in the Decision No. 25/Pid.B/2020/PN.WAT? B/2020/PN.WAT against perpetrators of persecution who suffer from epilepsy is enough to meet the sense of justice?. People with epilepsy should receive special attention in the eyes of the law in determining criminal liability. This research is a library research with a normative juridical research approach. The data that the authors use in the research consists of primary data in the form of laws and decisions of the Wates District Court 25/Pid.B/2020/PN.WAT, secondary data consisting of papers, legal journals and scientific writings in the form of regulations that explain more continued primary legal materials in the form of literature, books related to “Criminal Liability for Persecution by Perpetrators with Epilepsy”, tertiary data and interviews with the judges of the Wates District Court. After analyzing the decision of case no. 25/Pid.B/2020/PN.WAT criminal liability for perpetrators of persecution who suffer from epilepsy that the act of abuse committed by the defendant was the result of his epilepsy, so that in this case between the actions of the defendant and the defendant's disease there is a relationship or related. Therefore, the defendant's actions cannot be held criminally responsible in full (diminished responsibility). The sentence imposed will better fulfill the sense of justice and benefit if viewed from the purpose of punishment, it is more appropriate if the sanction given is an action sanction by ordering the defendant in the case of decision no. 25/Pid.B/2020/PN.WAT to be admitted to a mental hospital in accordance with the provisions Article 44 paragraph 2 of the Criminal Code to get treatment and intensive care.

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