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KAJIAN TENTANG PROSES PENANGANAN TINDAK PIDANA PEMBUNUHAN OLEH ORANG DENGAN GANGGUAN KEJIWAAN (STUDI KASUS DI POLRES TIMUR TENGAH SELATAN) Adipura Alden Putra Banfatin; Bhisa Vhitus Wihelminus; Orpa Ganefo Manuain; Deddy R.Ch. Manafe
Jurnal Riset Multidisiplin Edukasi Vol. 3 No. 6 (2026): Jurnal Riset Multidisiplin Edukasi (Juni 2026)
Publisher : PT. Hasba Edukasi Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71282/jurmie.v3i6.2180

Abstract

Murder is one of the most serious crimes against life, carrying significant legal, social, and humanitarian consequences. Legal issues become more complex when the perpetrator is a Person with Mental Disorders (ODGJ), as the individual's mental condition may affect the capacity to understand and be held criminally responsible for the act committed. Under Article 44 of the Indonesian Criminal Code (KUHP), a person who commits a criminal act while suffering from a mental disorder cannot be punished if it is proven that they are incapable of being held responsible for their actions. This study aims to analyze the legal considerations underlying the decision of the Timor Tengah Selatan Regional Police to terminate the investigation of a murder case committed by a person with mental disorders and to examine the legal handling process applied to such offenders. This research employs an empirical legal method with a case approach. Data were collected through interviews with investigators and related parties at the Timor Tengah Selatan Regional Police and through a literature review of legislation, legal doctrines, and supporting documents. The data were analyzed qualitatively by correlating empirical findings with applicable legal provisions. The findings reveal that the termination of the investigation was based on Article 44 of the Indonesian Criminal Code, Article 109 paragraph (2) of the Criminal Procedure Code (KUHAP), Regulation of the Chief of Police Number 6 of 2019 concerning Criminal Investigations, and psychological examination results indicating that the offender suffered from a mental disorder and was therefore incapable of criminal responsibility. The legal handling process included preliminary investigation, formal investigation, witness examination, evidence collection, psychiatric assessment, case review, issuance of an Order for Termination of Investigation (SP3), and recommendations for medical rehabilitation. The study concludes that the handling of murder cases involving persons with mental disorders requires an integrated approach encompassing legal, medical, and humanitarian perspectives to ensure legal certainty, substantive justice, protection of human rights, and recovery of the offender’s mental condition. These findings highlight the importance of coordination among law enforcement agencies, mental health professionals, prosecutors, and the offender’s family in managing criminal cases involving persons with mental disorders in a professional and equitable manner.
Tinjauan Yuridis terhadap Penerapan Restorative Justice dalam Penyelesaian Kasus Tindak Pidana Kekerasan dalam Rumah Tangga di Wilayah Hukum Polres Sabu Raijua Claudio Rosonerri Miha Lena; Orpa Ganefo Manuain; Adrianus Djara Dima
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.8806

Abstract

This study aims to analyze the juridical implementation of restorative justice in resolving domestic violence (KDRT) cases within the jurisdiction of the Sabu Raijua Police Resort, as well as to identify the supporting and inhibiting factors in its application. This research employs an empirical legal method with a sociological approach, using primary data obtained through interviews and observations, and secondary data from legal documents and literature. The findings indicate that the implementation of restorative justice has been carried out in accordance with Indonesian National Police Regulation Number 8 of 2021 and is applied selectively based on the type of offense, level of violence, and fulfillment of formal and material requirements. Empirical data from 2023 to 2025 show that out of 15 reported cases of domestic violence, 13 cases (86.7%) were successfully resolved through restorative justice, while 2 cases proceeded to formal legal processes due to the severity of the impact and the victim’s refusal to settle. The study also reveals that the effectiveness of restorative justice is supported by the active role of law enforcement officers, voluntary agreements between victims and perpetrators, and local cultural values emphasizing deliberation and harmony. However, its implementation faces challenges, including limited public understanding and difficulties in reaching agreements. Therefore, strengthening institutional capacity and enhancing public awareness are necessary to optimize the application of restorative justice in a fair, effective, and sustainable manner.
Analisis Motif Pembuangan Bayi di Kota Kupang, dalam Prespektif Kriminologi Chesya Presilia Natto; Jimmy Pello; Orpa Ganefo Manuain
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 4 (2026): JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i4.9358

Abstract

This study aims to analyze the motives behind infant abandonment in Kupang City from a criminological perspective and to examine the efforts undertaken to address the issue. The research employed an empirical legal method with criminological, sociological, and restorative approaches. Data were collected through interviews and observations involving four respondents and were analyzed qualitatively. The findings reveal that infant abandonment is influenced by three major factors: psychological, social, and family environmental factors. Psychological factors include fear, panic, stress, depression, and emotional pressure resulting from unwanted pregnancies. Social factors involve promiscuity and strong social stigma toward out-of-wedlock pregnancies, which encourage offenders to take extreme actions. Family environmental factors include strict parenting patterns, lack of communication, and inadequate parental supervision. Efforts to address infant abandonment are carried out through pre-emptive, preventive, and repressive measures. However, these efforts have not been fully effective due to the limited involvement of families, communities, and relevant institutions in preventing and handling such cases. The study emphasizes the importance of a comprehensive and multidisciplinary approach to reducing infant abandonment and protecting vulnerable women and children.