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All Journal Jurnal Sipakatau Journal of Economic Education and Entrepreneurship Studies
Ellon Belwan Cornelius Mau
Universitas Kristen Artha Wacana, Indonesia
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Reassessing Criminal Responsibility of Mentally Disordered Offenders in Indonesian Homicide Cases: Judicial Interpretation of Article 44 KUHP Ellon Belwan Cornelius Mau; Melkianus Ndaumanu; Yanto M.P. Ekon
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 4 (2026): Juni
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i4.716

Abstract

This study examines the judicial interpretation of criminal responsibility for mentally disordered offenders in homicide cases under Article 44 of the Indonesian Criminal Code (KUHP). Despite its normative function as a ground for excluding criminal liability, the application of Article 44 remains inconsistent in judicial practice. Using a normative juridical approach combined with case analysis, this research analyzes court decisions across multiple judicial levels and evaluates the extent to which psychiatric evidence influences legal reasoning. The findings indicate that judges tend to rely on behavioral indicators such as functional normality, coherence of testimony, and the presence of rational motives, rather than prioritizing clinical psychiatric assessments. As a result, defendants diagnosed with severe mental disorders, including schizophrenia, may still be deemed criminally responsible. This practice reflects a shift from a capacity-based approach toward a behavior-based interpretation, which risks undermining the doctrinal principle of culpability (schuld). Furthermore, the study highlights the limited evidentiary weight assigned to Visum et Repertum Psychiatricum and the lack of interdisciplinary integration between law and psychiatry. A comparison with Article 39 of the new Indonesian Criminal Code demonstrates a significant paradigm shift toward a more precise, evidence-based, and rehabilitative framework. This research concludes that strengthening judicial understanding of mental health, enhancing the role of expert evidence, and ensuring consistent implementation of the new legal framework are essential to achieving a more just and humane criminal justice system.
A Financial Management Model for Sme Owners to Ensure Business Sustainability: The Role of Financial Literacy Christian Daniel Manu; Jems Arison Zacharias; Ellon Belwan Cornelius Mau; Angela Merici Minggu
Journal of Economic Education and Entrepreneurship Studies Vol. 7 No. 3 (2026)
Publisher : Department of Economics Education, Faculty of Economics, Universitas Negeri Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62794/je3s.v7i3.233

Abstract

Micro, Small, and Medium Enterprises (MSMEs) play a significant role in supporting economic growth and sustainable development, particularly in developing countries such as Indonesia. Despite their substantial contribution to employment and national income, many MSMEs continue to experience difficulties in maintaining business sustainability due to weak financial management practices and limited financial competence. This study aims to examine the influence of financial literacy and financial capability on MSME business sustainability through the mediating role of financial management. A quantitative approach was employed using a survey method involving 98 MSME owners located in Kupang, Kupang Regency, and South Central Timor Regency. Data were collected through structured questionnaires and analyzed using Structural Equation Modeling–Partial Least Squares (SEM-PLS). The findings indicate that financial literacy and financial capability positively and significantly affect financial management practices among MSMEs. Financial management also has a significant positive effect on business sustainability. Furthermore, financial management fully mediates the relationship between financial literacy and business sustainability, while financial capability directly influences sustainability without mediation. These findings emphasize that MSME sustainability depends not only on financial knowledge but also on the practical capability to implement effective financial management strategies. The study highlights the importance of implementation-oriented financial empowerment programs to strengthen MSME resilience and long-term business sustainability.
Co-Authors Angela Merici Minggu Christian Daniel Manu Jems Arison Zacharias Melkianus Ndaumanu P. Ekon, Yanto M