PENEGAKAN HUKUM TERHADAP PELAKU KRIMINAL YANG MENGALAMI GANGGUAN PSIKIS

Abstract

One of the important elements responsible for maintaining orderly and just society is law enforcement. However, in certain cases, especially in cases of criminals with psychic disorders, its implementation often causes difficulties. The purpose of this article is to identify problems, obstacles, and solutions that can be applied in the process of law enforcement for criminals with psychic disorders. This study begins with a consideration of the concept of the relationship between criminal law and mental health. This includes legal recognition of the psychic condition of the perpetrator as a factor that can affect their ability to understand and be accountable for the actions they have committed. Next, this study looks at how the Indonesian criminal system handles such cases, using institutional policies, laws, and judicial procedures. Particular emphasis is placed on the implementation of Article 44 of the Criminal Code, which stipulates the grounds for criminal punishment based on the mental condition of the perpetrator. Emphasis is also placed on the consideration of rehabilitation mechanisms compared to imprisonment. This study shows that, although the law has provided a sufficient normative basis, law enforcers still face several problems in its direct implementation in the field. Some of these problems include the lack of understanding of mental health issues by law enforcement, the lack of mental rehabilitation facilities, and the social stigma attached to those with mental disorders. In addition, there is often an imbalance between retributive and restorative laws, which causes offenders to not receive appropriate treatment for their mental health conditions. This article offers several strategic improvements to the law enforcement system. Among them, include changes and implementation of laws that will be more comprehensive and inclusive, special training for law enforcement on mental health issues, and the establishment of mental health treatment facilities that are integrated with the criminal justice system. It is assumed that offenders with psychic disorders will be well managed through a compassionate and restorative justice approach. This will fulfill the objectives of the law to achieve justice, balance, and reform.