The person with schizophrenia in conflict according to the criminal law in Indonesia

Abstract

Indonesia recognizes the grounds of pardon in criminal law as stipulated in Article 44 of the Criminal Code (KUHP). One of the conditions that may be subjected to grounds of pardon is when the perpetrator of a criminal act is a person with a mental disorder, including schizophrenia. The consequence of this situation is that the perpetrator of a criminal act must be declared irresponsible for his actions and released from all criminal charges. However, in practice, the panel of judges would find the defendant with schizophrenia remain guilty since the judge would disregard the medical records or statements from psychiatric experts as evidence at trial. This article analyzes 2 Supreme Court Decisions, namely Supreme Court Decision No. 46 PK/Pid.Sus/2010 and Decision No. 94-K/PM.II-09/AD/V/2016. This research uses a normative juridical method. This research discusses the implementation of criminal sentences for persons with schizophrenia by confronting between field practices that remain sentencing persons with schizophrenia. Legal protections that able to be carried out by the state include terminating the prosecution, utilizing psychiatrists' statements as the basis for decisions, and deciding on defendants with acquittal decisions which in practice are not often found. This research concludes that legal protection for people with schizophrenia in Indonesia stays incongruent with the principles of criminal law and violates the principle of protecting the rights of the defendant. Law enforcement officials are remaining disregarding Article 44 of the Criminal Code by continuing to sentence, even executing people with schizophrenia who commit criminal acts even though there is a statement from a psychiatrist as valid evidence.