ANALISIS PUTUSAN HAKIM NOMOR 373/Pid.Sus/2017/PN.Bnj TERHADAP PENJATUHAN SANKSI PIDNA PADA PELAKU TINDAK PIDANA PENCABULANYANG MENDERITA RETARDASI MENTAL BERDASARKAN HUKUM PIDANA INDONESIA

Abstract

In the Indonesian Criminal Code, there is no clear formulation regarding the ability
to be responsible. Article 44 of the Criminal Code explains the circumstances when a person
cannot be sentenced to a criminal sentence because there is an inability to take responsibility
for the perpetrator of a crime in the form of a mentally disabled or impaired due to illness. One
example of the case is contained in the decision Number 373/Pid.Sus/2017/PN.Bnj in the
decision Defendant G who in legal facts was proven to suffer from Moderate Mental
Retardation with an IQ of 46. However, in their consideration the Majlis Judge did not consider
the Defendant's Mental Retardation condition G as a determinant of his ability to be
responsible, and stated that Defendant G could be held responsible. So the purpose of this
study is to determine the imposition of criminal sanctions on perpetrators of criminal acts of
sexual abuse who suffer from Mental Retardation based on Indonesian criminal law and to
determine the judge's considerations for imposing criminal sanctions for sexual abuse who
suffer from Mental Retardation based on Indonesian criminal law.
Application of Article 44 of the Criminal Code on the criminal act of intercourse
against child in Decision Number 373/Pid.Sus/2017/PN.Bnj is incorrect. Inability to be
responsible for the qualifications of Article 44 of the Criminal Code includes the ability to think
of the perpetrators of criminal acts. Perpetrator with mental retardation problems with
intellectual abilities, which also affects his ability to judge his actions are in accordance with
the rules and values the values that exist in society. The judge's considerations were not careful
in imposing criminal sanctions because several important facts were revealed at the trial
regarding the condition of the Defendant. The Majlis Judge should dig deeper into matters
outside the realm of law that arise from each trial that is presided over and summon experts to
then be asked for the clearest possible explanation in order to decide the case as fairly as
possible.
Keywords: Criminal liability, Mental Retardation, Obscenity