ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PEMBUNUHAN DENGAN MUTILASI OLEH PELAKU PENGIDAP SKIZOFRENIA DIHUBUNGKAN DENGAN PASAL 340 KUHP DI WILAYAH POLRES CIAMIS

Abstract

ABSTRACT The crime of mutilation is a crime that is categorized as a violation and must be processed through criminal law. A large number of individuals with mental disorders are often involved in these murder activities when they behave criminally without using common sense, thus causing harm to the victim as a result of their actions. And one example of a mental disorder contained in Article 44 paragraph (1) of the Criminal Code is schizophrenia. The objectives of this study are: 1) To analyze and describe the criminal responsibility for murder with mutilation by perpetrators suffering from schizophrenia in relation to Article 340 of the Criminal Code in the jurisdiction of the Ciamis Police. 2) To analyze and describe the social and legal impact of cases of murder with mutilation by perpetrators suffering from schizophrenia in the Ciamis Police area. The method used in this study is normative juridical with a qualitative research design. This study is descriptive analytical. The research results inform that (1) Criminal responsibility in cases of murder with mutilation committed by perpetrators with schizophrenia in the Ciamis Police area, confirms that consideration of the perpetrator's mental condition, such as schizophrenia, is very important in assessing the perpetrator's awareness and ability to understand his actions. Then in Article 340 of the Criminal Code, which regulates murder with premeditation, usually applies to cases of murder committed with intent and premeditation. However, the application of this article to perpetrators with schizophrenia is complicated. The perpetrator's mental state, which can affect their ability to plan and realize the consequences of their own actions, must be carefully considered. Therefore, examination and assessment by a psychiatric expert is very important to determine the extent to which the perpetrator can be held responsible for his actions. (2) Cases of murder with mutilation committed by perpetrators with schizophrenia have complex social and legal impacts. Socially, this case can trigger fear and stigma against people with mental disorders, especially schizophrenia. Society may become more afraid and avoid, even discriminate against individuals with mental disorders, considering them dangerous. Legally, perpetrators with mental disorders can receive reduced sentences or even be released from criminal penalties if they are proven unable to take responsibility for their actions.

Keywords: Murder, Mutilation, Schizophrenia