Home  /  Refleksi Hukum  /  Vol: 7 Núm: 1 Par: 0 (2022)  /  Article
ARTICLE
TITLE

MENILIK PEMENJARAAN TERPIDANA SKIZOFRENIA DALAM PERSPEKTIF TUJUAN PEMIDANAAN

SUMMARY

Schizophrenia is one of the psychotic mental disorders. However, the judge can still impose a sentence on the defendant with schizophrenia based on the punishment's purpose. The article uses a doctrinal research method with a case approach to analyze the subject matter. The study results show that criminal law adheres to the gemischte method with a normative, descriptive system in determining criminal responsibility for a person with mental illness. The psychiatrist's statement stating that the schizophrenic defendant cannot take responsibility does not bind the judge in deciding the case. The judge may impose a sentence on the defendant according to his/her legal knowledge. The imprisonment is oriented to the retributive goal theory, while the imprisonment of a schizophrenic remission is oriented to the teleological theory. Considering the danger of a person with schizophrenia, the defendant must get mental health examination before and during serving a prison sentence. Certainty of the mental health condition of the convict aims to protect fellow inmates and prison officers who interact with the convict while serving prison sanctions.

PAGES
pp. 63 - 82
COLLECTIONS
Education