DiH : Jurnal Ilmu Hukum
Volume 22 Nomor 2 Agustus 2026

Disregarding Visum et Psikiatricum: Reconstructing Criminal Responsibility Assessment in Indonesian Homicide Cases

Tarmizi Tarmizi (Advokat Tarmizi & Rekan, Indonesia)
Heni Siswanto (Universitas Lampung, Indonesia)
Muhtadi Muhtadi (Universitas Lampung, Indonesia)
Maroni Maroni (Universitas Lampung, Indonesia)
Rinaldy Amrullah (Universitas Lampung, Indonesia)



Article Info

Publish Date
19 Aug 2026

Abstract

This study aims to examine the judicial reasoning underlying the exclusion of the Visum et Psikiatricum in Judgment No. 586/Pid.B/2023/PN Tjk, identify the parameters applied in determining the criminal responsibility of a homicide offender, and reconstruct a more comprehensive framework for assessing criminal responsibility under Indonesian criminal law. This normative legal research employs both case and conceptual approaches. Primary legal materials, including statutory regulations and court decisions, were analyzed together with secondary materials derived from criminal law doctrines, forensic psychiatry, and relevant scholarly literature. The data were examined qualitatively using a prescriptive analytical method to assess the conformity of judicial reasoning with theories of criminal responsibility and to formulate an improved assessment model. The findings reveal that the Visum et Psikiatricum was disregarded because the court placed greater weight on the defendant’s behavioral indicators, which were considered to demonstrate awareness, understanding of the consequences of the act, and the capacity for self-control. The parameters applied by the judge encompass cognitive, volitional, and behavioral dimensions. However, these parameters remain implicit, lack standardization, and do not adequately integrate medical findings with legal considerations. This condition reflects a normative gap in the application of Article 44 of the Criminal Code and Articles 38 and 39 of Law No. 1 of 2023. Accordingly, this study proposes a three-dimensional assessment model integrating medical, cognitive, and volitional aspects as a more objective, consistent, and accountable framework for determining criminal responsibility

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Journal Info

Abbrev

dih

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

DiH: Jurnal Ilmu Hukum is published by the by the University Law Faculty Doctor of Law Study Program August 17, 1945 Surabaya. First published in 1996 and up to now there are as many as two editions per year. This journal gives readers access to download journal entries in pdf file format. DiH: ...