Abstract Received:Revised:Accepted:Keywords:Forensic Psychiatry, Criminal Responsibility, Procedural Competence, Restorative Justice, Health Law Number 17 of 2023. Background: Article 81 of Indonesian Health Law Number 17 of 2023 requires a mental health examination of a person suspected of having a mental disorder who is alleged to have committed an offence, addressing criminal responsibility and competence to undergo proceedings. Case materials: Police referred YA for psychiatric observation in April 2023; after twenty days, doctors reportedly recommended continued treatment at Dr Soeharto Heerdjan Mental Hospital. A parental letter dated 6 July 2023 sought outpatient care, referred to an orally conveyed diagnosis, and promised cooperation with investigators. A settlement agreement dated 25 July 2024 and a request dated 5 March 2025 preceded police notification that the investigation was terminated effective 5 June 2025 on restorative-justice grounds. Method: This normative juridical study applies statutory, conceptual, and case approaches to health, criminal-procedure, disability, and restorative-justice law. Results: A clinical diagnosis, treatment request, family guarantee, or settlement does not itself determine criminal responsibility or procedural competence. Those issues require a structured forensic examination linking symptoms to the alleged conduct and assessing the present ability to participate. The later restorative termination resolved the investigation on a separate procedural ground; it did not retrospectively supply a psychiatric finding. Conclusion: The case demonstrates the need to separate clinical care, forensic assessment, coercive measures, and restorative disposition. Because the psychiatric examination preceded 8 August 2023, the 2023 Health Law operates as a contemporary framework, while the then-effective Mental Health Law and Minister of Health Regulation Number 77 of 2015 govern the earlier procedure.
Copyrights © 2026