Ramadhan, Fahmi (2023) Pertanggungjawaban Pidana Terhadap Pelaku Tindak Pidana Narkotika Yang Memiliki Gangguan Jiwa (Kajian Putusan Nomor: 348/Pid.Sus/2020/Pn Smp). (Criminal Responsibility for Drug Offenders Who Have Mental Disorders (Review of Decision Number: 348/Pid.Sus/2020/Pn Smp)). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.
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Abstract
An act of crime or violation often gets the public's attention. One of the most frequently encountered criminal behavior from various groups of people is narcotics crime. In reality, crimes or criminal offenses can in fact be committed by people who are not normal, in the sense that they are committed by people who suffer from mental health disorders. One of the biggest reasons someone abuses drugs is because of their temporary calming effect on the user. This causes people with mental disorders to be more vulnerable or have the potential to use drugs, they just want to need peace in that person. Therefore, the behavior that is carried out can be concluded as the beginning of drug addiction. The purpose of this research was to find out the legal provisions and criminal responsibility for narcotics offenders who have mental disorders. The research carried out is normative law research where secondary information is obtained by conducting bibliographical studies. The process of changing the data is then carried out in a qualitative way. The case discussed is a narcotics crime but it was committed by a person with mental disorders within the jurisdiction of the Sumenep District Court as proven by a psychiatrist as an expert witness who works at the RSUD. Dr. H. Moh Anwar, Sumenep. In this case, which showed that the defendant with proof of a letter issued by a psychiatrist stated that the person concerned had mental and behavioral disorders due to drug addiction and residual schizophrenia, the judge did not convict or acquit the defendant for the crime of class I narcotics, but ordered him to go to the Menur Mental Hospital in Surabaya or Dr. Radjiman Wediodiningrat Mental Hospital in Lawang to carry out maintenance actions. Based on that, a person who has a mental disorder commits a narcotic crime, is subject to the provisions or legal regulations in Indonesia, namely that he cannot be convicted or acquitted of all charges.
Item Type: | Thesis (Undergraduate) |
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Uncontrolled Keywords: | Criminal liability, Narcotics, Mental disorders |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | 1311900326 Fahmi Ramadhan |
Date Deposited: | 19 Feb 2024 03:54 |
Last Modified: | 19 Feb 2024 03:54 |
URI: | http://repository.untag-sby.ac.id/id/eprint/27184 |
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