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All Journal Petitum Law Journal
Kale Mira, Surya Kurnia
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PERTANGGUNGJAWABAN PIDANA PELAKU KLEPTOMANIA: KAJIAN KUHP DAN UNDANG-UNDANG KESEHATAN DALAM KASUS PILOT WINGS AIR Kale Mira, Surya Kurnia; Leo, Rudepel Petrus; Wilhelmus, Bhisa Vitus
Petitum Law Journal Vol 3 No 2 (2026): Petitum Law Journal Volume 3, Nomor 2, Mei 2026
Publisher : Petitum Law Journal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35508/pelana.v3i2.23060

Abstract

This study found that although the Indonesian Penal Code, particularly Article 44, allows for the exclusion of criminal liability for individuals with mental disorders, its practical application by the courts remains inconsistent. In the case involving a Wings Air pilot diagnosed with kleptomania—a psychiatric condition marked by an uncontrollable urge to steal—the court still imposed a criminal sentence. This was despite medical assessments indicating that the disorder could impair the individual’s mental capacity to form criminal intent (mens rea). Such a judicial outcome reveals a gap between the legal framework and its enforcement, where medical evaluations are not fully integrated into legal reasoning. The Health Law, which outlines more precise criteria for assessing mental health conditions, is not yet optimally utilized in legal proceedings. Therefore, the case underscores the need for a more cohesive interplay between legal principles and medical insight to ensure a fair and substantively just legal process for offenders with psychiatric conditions.
Co-Authors Leo, Rudepel Petrus Wilhelmus, Bhisa Vitus