PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ORANG DENGAN GANGGUAN JIWA (Studi Kasus di Kejaksaan Negeri Trenggalek)

Wijaya, Dea Putri (2025) PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN YANG DILAKUKAN OLEH ORANG DENGAN GANGGUAN JIWA (Studi Kasus di Kejaksaan Negeri Trenggalek). Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

This thesis aims to examine and analyze in depth the enforcement of law against perpetrators of murder by persons with mental disorders and the various obstacles faced by public prosecutors, as well as the efforts made. The results of the study show that the process of law enforcement in cases of murder committed by persons with mental disorders in the Trenggalek region is highly complex. The application of Article 44 of the Criminal Code as a mitigating factor differs in practice. It is important to understand the existence and implementation of mitigating factors in Article 44 of the Criminal Code regarding ODGJ as perpetrators of criminal acts. Perpetrators of criminal acts who suffer from mental disorders are not automatically exempt from criminal responsibility. This is measured based on the extent to which the perpetrator fully understands their actions and the consequences of those actions. Law enforcement agencies, in this case prosecutors, face several obstacles. Law enforcement is not as optimal as in other countries. There is also the issue of prison facilities, which lag far behind those in other countries. To overcome these obstacles, law enforcement officials need to develop competence in the fields of psychiatry and forensic psychology in order to carry out fair, appropriate, and comprehensive law enforcement, as well as improve prison/correctional facilities for prisoners, especially those with mental disorders. Keywords: Law Enforcement, Mental Disorders, Article 44 Of The Criminal Code.

Item Type:

Thesis (Undergraduate)

Contributors: