Jurnal Hukum Adigama
Vol 4, No 2 (2021): Jurnal Hukum Adigama

ALASAN PEMAAF SEBAGAI DASAR MENGHAPUSKAN PERTANGGUNGJAWABAN PIDANA DALAM TINDAK PIDANA NARKOTIKA

Merry Aprillyani (Unknown)



Article Info

Publish Date
15 Mar 2022

Abstract

The excuse for forgiveness is a reason that eliminates the perpetrator's guilt but his actions are still declared as an unlawful act. One of the things that can be a reason for forgiveness is if someone has a mental disorder, then he will be released from all lawsuits. However, in practice, not all narcotics criminals who are indicated to have mental disorders can apply forgiving reasons for themselves. The formulation of the problem that will be discussed in this study is how the reason for forgiveness is the basis for eliminating criminal liability in narcotics crimes? This study aims to examine and analyze the reasons for forgiveness as the basis for eliminating criminal liability in narcotics crimes. This research is a normative legal research with analytical descriptive nature and the data is collected by using literature study technique. This study uses a law approach and a case approach and uses a qualitative juridical analysis method. The results of this study are not all mental disorders can be the reason for the implementation of excuses. To ensure the defendant's mental condition, it is necessary to carry out a mental health examination by a psychiatric specialist based on Permenkes No. 77/2015. From the examination process, results will be obtained regarding the type of mental disorder of the defendant, the nature of the mental disorder of the defendant, the role/responsibility of the mental disorder of the defendant for the crime he committed, and the ability to be responsible for the defendant which is then summarized in a Psychiatric Visum et Repertum to be the main consideration for the judge. in enforcing excuses. In addition to considering the VeRP, other evidence such as witness statements will also be considered by the judge to build confidence in him.

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Journal Info

Abbrev

adigama

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Adigama merupakan diseminasi (penyebarluasan) hasil penelitian, analisis putusan maupun kajian ilmiah konseptual dari mahasiswa beserta dengan pembimbingnya (Corresponding Author) yang terbit 2 (dua) kali dalam setahun yaitu pada bulan Juli dan Desember. Jurnal Hukum Adigama mencakup ...