CD Skripsi

Analisis Putusan Hakim Nomor 373/Pid.Sus/2017/Pn.Bnj Terhadap Penjatuhan Sanksi Pidana Pada Pelaku Tindak Pidana Pencabulan Yang Menderita Retardasi Mental Berdasarkan Hukum Pidana Indonesia

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ABSTRACT
In the Indonesian Criminal Code, there is no clear formulation regarding the ability to be responsible. Article 44 of the Criminal Code explains the circumstances when a person cannot be sentenced to a criminal sentence because there is an inability to take responsibility for the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. One example of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in the decision Defendant G who in legal facts was proven to suffer from Moderate Mental Retardation with an IQ of 46. However, in their consideration the Majlis Judge did not consider the Defendant's Mental Retardation condition G as a determinant of his ability to be responsible, and stated that Defendant G could be held responsible. So the purpose of this study is to determine the imposition of criminal sanctions on perpetrators of criminal acts of sexual abuse who suffer from Mental Retardation based on Indonesian criminal law and to determine the judge's considerations for imposing criminal sanctions for sexual abuse who suffer from Mental Retardation based on Indonesian criminal law.
Application of Article 44 of the Criminal Code on the criminal act of intercourse against child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to be responsible for the qualifications of Article 44 of the Criminal Code includes the ability to think of the perpetrators of criminal acts. Perpetrator with mental retardation problems with intellectual abilities, which also affects his ability to judge his actions are in accordance with the rules and values the values that exist in society. The judge's considerations were not careful in imposing criminal sanctions because several important facts were revealed at the trial regarding the condition of the Defendant. The Majlis Judge should dig deeper into matters outside the realm of law that arise from each trial that is presided over and summon experts to then be asked for the clearest possible explanation in order to decide the case as fairly as possible.
Keywords: Criminal liability, Mental Retardation, Obscenity

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909113234

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909113234

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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