PERTANGGUNGJAWABAN HUKUM PELAKU KEJAHATAN DENGAN GANGGUAN JIWA (STUDI PERBANDINGAN ANTARA PELAKU NORMAL DAN ODGJ) Menelusuri Batas Keadilan Dan Kewarasan Dalam Sistem Peradilan Di Indonesia

Abstract

Criminal law provisions stipulate that only individuals with the mental capacity to consciously take responsibility can be subjected to criminal punishment. However, legal debates arise when perpetrators of crimes are found to have mental disorders. This article compares the criminal responsibility between mentally sound individuals and those with mental disorders (ODGJ) within the Indonesian criminal justice system. A normative juridical research method is employed to examine legal doctrines, statutory regulations, and legal practices. The findings indicate that perpetrators with mental disorders receive differentiated legal treatment based on Article 44 of the Indonesian Criminal Code (KUHP) and Law No. 18 of 2014, taking into account forensic psychiatric assessments. Although the legal system accommodates the mental condition of offenders, challenges persist in implementation, particularly regarding the accuracy of psychiatric diagnoses and human rights protection. This article recommends policy reforms based on rehabilitative and restorative approaches.