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All Journal Madani: Multidisciplinary Scientific Journal
Antoneo, Brian Rico Teddy
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Pertanggungjawaban Hukum Pelaku Tindak Pidana oleh Penderita Gangguan Disabilitas Intelektual Alzheimer Antoneo, Brian Rico Teddy; Setyorini, Erny Herlin
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 12 (2026): January
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18154392

Abstract

The New Criminal Code (Article 39 of Law of 2023) states that perpetrators of criminal acts who, due to severe mental disorders or impaired thinking, are unable to realize the consequences of their actions, will not be punished. This study examines the application of this provision to murder perpetrators suffering from Alzheimer's. Due to its neurodegenerative nature, moderate-to-severe Alzheimer's disease organically eliminates mens rea, thus fulfilling the grounds for expungement. However, if there is prior negligence (neglect for treatment while still conscious), liability based on culpa can still be imposed. The study found disparities in judges' decisions due to loose interpretations and inconsistent psychiatric post-mortem examinations. It is recommended: (1) official guidelines for the interpretation of Article 39, (2) standardization of forensic examinations, and (3) the application of therapeutic sanctions in the form of mandatory treatment plus security (maatregel TBS) as an alternative to imprisonment, in order to achieve a balance of justice between the protection of ODGJ and the rights of victims.
Co-Authors Erny Herlin Setyorini, Erny Herlin