Between Mental Illness, Criminal Policy Reform, and Human Rights: Discourse on Reformulation of The Article 44 Indonesia Criminal Code

I Dewa Made Suartha

Department of Procedural Law, Faculty of Law, Udayana University

I Dewa Agung Gede Mahardika Martha

Department of Criminal Law, Faculty of Law, Warmadewa University

Bagus Hermanto

Department of Constitutional Law, Faculty of Law, Udayana University

Abstract:

Article 44 paragraph (1) of the Criminal Code contains vague norms, because it does not regulate when a person cannot be clarified in criminal law. This has implications for injustice and uncertainty for someone being examined or a suspect who is mentally disturbed and so far, investigators have only with their discretion for the sake of humanity sent suspects to be treated in mental hospitals and wait until they are decided by the judge/court. The research aimed to analyze the provision of Article 44 paragraph (1) of the Criminal Code of Indonesia in determining in determining the mental condition of a person suspected of committing a crime based on ius constitutum as well as examining the reformulation of Article 44 paragraph (1) of the Penal Code of Indonesia in determining the mental condition of a person suspected of committing a crime based on the perspective of ius constituendum. This writing was normative legal research using statutory approach, analytical and conceptual approach. The study indicated that there needs on reformulation of the Article 44 paragraph (1) of the Criminal Code of Indonesia relating to the circumstances of the suspects with mental illness, for the sake of humanity to be given the authority given the authority to coordinate with the Public Prosecutor to request a brief trial of the Chief of the District Court therefore, rehabilitation is immediately determined or decided with proper treatment and all their needs are borne by the State during treatment until recovered.

Keyword:

Reformulation, Mental Illness, Article 44, Criminal Policy Reform, Human Rights, Indonesia Criminal Code