Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice

This article aims to analyze the nature of criminal responsibility and criminal law reform in ODGJ criminal responsibility which is oriented towards the theory of dignified justice. The urgency of this study is that the application of the formulation of offenses in the provisions of Article 44 of t...

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Main Authors: Dave David Tedjokusumo, Carissa Amanda Siswanto
Format: Article
Language:English
Published: Magister Hukum Universitas Semarang 2023-11-01
Series:Jurnal USM Law Review
Subjects:
Online Access:https://journals.usm.ac.id/index.php/julr/article/view/7928
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author Dave David Tedjokusumo
Carissa Amanda Siswanto
author_facet Dave David Tedjokusumo
Carissa Amanda Siswanto
author_sort Dave David Tedjokusumo
collection DOAJ
description This article aims to analyze the nature of criminal responsibility and criminal law reform in ODGJ criminal responsibility which is oriented towards the theory of dignified justice. The urgency of this study is that the application of the formulation of offenses in the provisions of Article 44 of the WvS Criminal Code is not appropriate for perpetrators of criminal acts who are malingering, lack of legal protection to victims. Therefore, a reform of criminal law is needed. In the preparation of this research using normative juridical legal research methods carried out through literature review as the basic material for analysis. The result of the discussion of this study is that the reform of criminal law, especially in ODGJ criminal liability which has been regulated in Article 38 juncto Article 39 of the National Criminal Code, where the rule of law is more appropriate, and has been oriented towards the theory of dignified justice. In addition, it is also necessary to pay attention to the role of relevant law enforcement officials such as the Police and Hospitals which in this case issue Visum et Repertum (VeR), because correct law enforcement is also needed from law enforcement officials.
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publisher Magister Hukum Universitas Semarang
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spelling doaj-art-5f0bc15f811640adb37b594ee36d550d2025-08-20T03:51:58ZengMagister Hukum Universitas SemarangJurnal USM Law Review2621-41052023-11-016310.26623/julr.v6i3.7928Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified JusticeDave David Tedjokusumo0Carissa Amanda Siswanto1Universitas Pelita Harapan Kampus SurabayaUniversitas Pelita Harapan Kampus Surabaya This article aims to analyze the nature of criminal responsibility and criminal law reform in ODGJ criminal responsibility which is oriented towards the theory of dignified justice. The urgency of this study is that the application of the formulation of offenses in the provisions of Article 44 of the WvS Criminal Code is not appropriate for perpetrators of criminal acts who are malingering, lack of legal protection to victims. Therefore, a reform of criminal law is needed. In the preparation of this research using normative juridical legal research methods carried out through literature review as the basic material for analysis. The result of the discussion of this study is that the reform of criminal law, especially in ODGJ criminal liability which has been regulated in Article 38 juncto Article 39 of the National Criminal Code, where the rule of law is more appropriate, and has been oriented towards the theory of dignified justice. In addition, it is also necessary to pay attention to the role of relevant law enforcement officials such as the Police and Hospitals which in this case issue Visum et Repertum (VeR), because correct law enforcement is also needed from law enforcement officials. https://journals.usm.ac.id/index.php/julr/article/view/7928Criminal Law ReformODGJ Criminal LiabilityDignified Justice
spellingShingle Dave David Tedjokusumo
Carissa Amanda Siswanto
Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice
Jurnal USM Law Review
Criminal Law Reform
ODGJ Criminal Liability
Dignified Justice
title Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice
title_full Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice
title_fullStr Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice
title_full_unstemmed Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice
title_short Criminal Law Reform In Criminal Responsibility For People In Mental Disorders Oriented To Dignified Justice
title_sort criminal law reform in criminal responsibility for people in mental disorders oriented to dignified justice
topic Criminal Law Reform
ODGJ Criminal Liability
Dignified Justice
url https://journals.usm.ac.id/index.php/julr/article/view/7928
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