IMPLEMENTASI PASAL 44 KUHP DALAM ALASAN PENGHAPUSAN PIDANA BAGI ORANG DENGAN GANGGUAN JIWA (STUDI PUTUSAN NOMOR 35/PID.B/2019/PN WAT. DAN NOMOR 265/PID.B/2020/PN SBG. TENTANG PENGANIAYAAN)

Areta Qatrunnada, NIM.: 18103040014 (2022) IMPLEMENTASI PASAL 44 KUHP DALAM ALASAN PENGHAPUSAN PIDANA BAGI ORANG DENGAN GANGGUAN JIWA (STUDI PUTUSAN NOMOR 35/PID.B/2019/PN WAT. DAN NOMOR 265/PID.B/2020/PN SBG. TENTANG PENGANIAYAAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (IMPLEMENTASI PASAL 44 KUHP DALAM ALASAN PENGHAPUSAN PIDANA BAGI ORANG DENGAN GANGGUAN JIWA (STUDI PUTUSAN NOMOR 35/PID.B/2019/PN WAT. DAN NOMOR 265/PID.B/2020/PN SBG. TENTANG PENGANIAYAAN)) 18103040014_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (3MB) | Preview
	Text (IMPLEMENTASI PASAL 44 KUHP DALAM ALASAN PENGHAPUSAN PIDANA BAGI ORANG DENGAN GANGGUAN JIWA (STUDI PUTUSAN NOMOR 35/PID.B/2019/PN WAT. DAN NOMOR 265/PID.B/2020/PN SBG. TENTANG PENGANIAYAAN)) 18103040014_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (5MB) | Request a copy

Abstract

The crime of persecution is a crime that often occurs in Indonesia. This crime is usually carried out by normal people, but there are also several cases of criminal acts of abuse committed by people with mental disorders and there are also cases that use the alibi that the person is in a mental disorder condition to cover up his crime so that he is free from criminal sanctions after committing a crime. persecution. Looking at this legal phenomenon in Indonesia, it turns out that there is something interesting, because the legal arrangements when committing a crime do not only regulate normal people, but there are also legal arrangements that regulate if the perpetrators of the crime are committed by people with mental disorders. Therefore, it raises the first problem formulation, namely how the judge's considerations related to the evidence of the outpatient card at the Puri Nirmala Mental Hospital in Decision Number 35/Pid.B/2019/Pn Wates which was not given a reason for eliminating the crime and how to implement Article 44 of the Law. The Criminal Law Act in the decisions studied are Decision Number 35/Pid.B/2019/PN Wates and Decision 265/Pid.B/2020/PN Sibolga. The research methods used include, the type of library research, namely using library reading materials in the form of books, journals, and written data such as analyzed decisions, this research is descriptive analysis, namely a model used to describe a problem after it is analyzed systematically depth of legal theory or applicable laws. Article 44 of the Criminal Code deals with criminal liability, which can be subject to criminal sanctions and those who are unable to be given a reason for eliminating the crime, namely the excuse of forgiveness. The research approach used is juridical-normative, namely the method of analysis from the point of view of its implementation and the point of view of the prevailing norms. The data sources in this study used primary data materials, namely Article 44 of the Criminal Code and Decision Number 35/Pid.B/2019/PN Wates and Decision 265/Pid.B/2020/PN Sibolga. The results of this study, the first is the judge's consideration related to the evidence of the outpatient card at the Puri Nirmala Mental Hospital in Decision Number 35/Pid.B/2019/Pn Wates which was not given a reason for eliminating the crime because the defendant did not include a mental disorder referred to in Article 44 paragraph (1) of the Criminal Code. The result of the second study is that the first decision does not fulfill the reason for the abolition of the crime referred to in Article 44 of the Criminal Code, while the second decision fulfills the reason for the abolition referred to in Article 44 of the Criminal Code.

Share this knowledge with your friends :

Actions (login required)

View Item