CD Skripsi

Tinjauan Yuridis Terhadap Pemidanaan Pelaku Tindak Pidana Pemasungan Orang Dengan Gangguan Jiwa Berdasarkan Hukum Pidana Indonesia

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ABSTRACT
The problem of shackling is a part that cannot be lost in Indonesian society. People
with mental disorders are often victims of shackling, which is generally carried out by their
own families. Even though people with mental disorders should be given love and comfort.
However, when people with mental disorders are shackled, it will make them feel alone and
stressed out. Shackling is done by shackling people with mental disorders using wood with a
hole and then sandwiching them on the feet, hands and neck so that the person in shackles
cannot move from their place. Shackling is clearly a crime and punishable. This has been stated
in article 333 of the Criminal Code regarding deprivation of liberty. Until now, lockouts are
still happening as if there is no law and law enforcement officials.
This type of research is normative legal research, namely using literature study to
search the data. This research is descriptive in nature which tries to provide data as accurate
and detailed as the existing problems. In writing this study using qualitative data analysis which
means explaining and concluding about the data that has been collected by the author. This
research uses secondary data or codified scientific data.
The result of this research is to explain that in fact there are weaknesses in the criminal
law in acting on the perpetrators of this lockup. The prohibition on confinement is contained in
Article 86 of the Law on Mental Health, however this article does not explain the criminal
sanctions so it refers to Article 333 of the Criminal Code. In the description of article 333 of
the Criminal Code, it does not classify what kind of deprivation of liberty. Deprivation of
freedom according to S.R. Sianturi is done with physical restraint. Meanwhile, according to R.
Soesilo said that the deprivation of freedom did not have to be physically restrained. Then in
the Supreme Court Decision Number 233K / Pid / 2013 it explains that there is no need for
physical restraint, so that if article 333 of the Criminal Code is linked to confinement, it is not
appropriate. Because people with mental disorders have experienced physical restraint. For
this reason, it is necessary to have laws and regulations that provide information on article 333
of the Criminal Code and state it firmly. So that the purpose of law is to provide legal certainty,
benefit and justice to everyone.
Keywords: Criminalization - Confinement Perpetrators – People With Mental
Disorders.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 120 (0224)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2020

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 120 (0224)

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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