The Criminal Liability for Murder Committed by a Perpetrator Suffering from Paranoid Schizophrenia Case Study of Decision Number:150/PID.B/2024/PN.JKT.BRT

Abstract

In the criminal justice system, there is a discrepancy between das sein and das sollen regarding the application of criminal responsibility for perpetrators of criminal acts with severe mental disorders, especially paranoid schizophrenia, as seen in Decision Number 150/Pid.B/2024/PN.Jkt.Brt where the defendant who had been diagnosed with paranoid schizophrenia was still sentenced to 16 years in prison on the grounds that he still had consciousness of his actions, even though Article 44 paragraph (1) of the Criminal Code regulates exceptions for perpetrators who lost consciousness due to mental disorders. This study aims to analyze the judge's considerations in the decision and assess the extent to which the principle of criminal individualization is applied to defendants with paranoid schizophrenia. The research method used is normative juridical with a statutory approach and is descriptive. The results of the study indicate that the judge's considerations have not fully accommodated the defendant's mental aspects so that the principle of criminal individualization is not applied optimally. The novelty of this study lies in the comprehensive analysis of the relationship between medical evidence of severe mental disorders and the application of criminal responsibility in court decisions, which is still rarely studied specifically in cases of paranoid schizophrenia. In conclusion, the sentencing in this decision does not reflect equitable legal protection for defendants with severe mental disorders. Therefore, it is recommended that judges and law enforcement officials prioritize medical evidence and rehabilitative principles in their sentencing to achieve more humane justice and adhere to the principle of individualized criminal justice.