Pertanggungjawaban Pidana Pelaku Pembunuhan Berencana Pengidap Gangguan Jiwa Borderline Personalty Disorder (BPD) Terhadap Anak Kandung (Studi Putusan Nomor 292/Pid.B/2023/PN Gsk)

Ilham, Setyani Wulandari (2024) Pertanggungjawaban Pidana Pelaku Pembunuhan Berencana Pengidap Gangguan Jiwa Borderline Personalty Disorder (BPD) Terhadap Anak Kandung (Studi Putusan Nomor 292/Pid.B/2023/PN Gsk). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This research aims to analyze the form of criminal responsibility of the perpetrator of premeditated murder who has Borderline Personality Disorder (BPD) mental disorder against biological children based on the study of Decision Number 292/Pid.B/2023/PN Gsk and the judge's consideration in determining the sentence. This research uses a normative juridical research method using a statutory approach and a case approach. Data collection techniques by means of literature study and interviews. The results showed that the form of criminal responsibility for people with mental disorders in the Criminal Code is contained in Article 44 and in Law No.1 of 2023 in Article 38 and Article 39 which are much more detailed in regulating the classification of mental disorders that can be subject to the article. The form of criminal responsibility of the defendant in this research decision should be Article 44 of the Criminal Code which regulates the excuse due to mental illness, because the defendant was unable to control his mindset as a result of the BPD mental disorder he suffered. In addition, the consideration of the judge's decision should emphasize mental rehabilitation rather than imposing life imprisonment, considering that the defendant has a history of treatment at a mental hospital and was declared by a forensic psychologist to have BPD mental disorder. Therefore, a rehabilitative approach is more appropriate to provide recovery to the defendant's mental condition and avoid the imposition of punishment that does not provide benefits to the defendant.

Item Type:

Thesis (Undergraduate)

Contributors: