Jurnal IUS (Kajian Hukum dan Keadilan)
Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan

Rethinking Filicide through Freudian Psychoanalysis: A Comparative Perspective on Indonesian and Spanish Criminal Cases

Indah Sri Utari (Faculty of Law, Universitas Negeri Semarang)
Ridwan Arifin (Faculty of Law, Universitas Negeri Semarang)
Ali Masyhar (Faculty of Law, Universitas Negeri Semarang)
Valerio Sebastian (Sociedad Civil de Derecho y Políticas Públicas (SOCIPOL), Spain)
Souad Ezzerouali (College of Law, United Arab Emirates University, UAE)



Article Info

Publish Date
31 Aug 2026

Abstract

Filicide is one of the most complex forms of domestic homicide. Criminal law studies generally focus on the fulfillment of the elements of the crime and criminal responsibility. In contrast, psychiatric and criminological research focuses more on the psychological condition of the perpetrator. Consequently, there is still a gap in the legal literature regarding how subconscious psychological dynamics can explain filicide without shifting the principle of criminal responsibility. This study aims to fill this gap through a Freudian psychoanalytic analysis within a comparative criminal law framework, comparing the cases of Panca Darmansyah in Indonesia and José Bretón in Spain. The study uses normative legal methods with a comparative approach combined with psychoanalytic interpretation of court decisions, legal frameworks, and forensic findings. The results show that the Indonesian and Spanish criminal justice systems both determine criminal responsibility based on the perpetrator's cognitive and volitional capacities, despite the presence of deep psychological conflict. Meanwhile, the psychoanalytic analysis reveals that filicide develops through processes of repression, narcissistic injury, identity fragmentation, symbolic objectification of the child, and the redirection of aggression. This study demonstrates that criminal responsibility and subconscious motivation exist at different but complementary levels of analysis. The contribution of this research is the development of a psycho-legal framework that integrates Freudian psychoanalysis and comparative criminal law to enrich the legal analysis of filicide and support the development of forensic assessment and criminal justice policy.

Copyrights © 2026






Journal Info

Abbrev

IUS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal IUS established December 2012, is an institution that focuses on journal development for post graduate students and all law activists in general and specialised topics. Journal IUS publishes three times a year and articles are based on research with specific themes. Jurnal IUS was founded ...