Khaerul Anam, . (2024) RATIO DECIDENDI DALAM PUTUSAN PEMIDANAAN TERHADAP PENYANDANG DISABILITAS INTELEKTUAL SEBAGAI PELAKU TINDAK PIDANA. Skripsi thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
In practice, the application of the law is often discriminatory and the existing legal regulations do not guarantee the protection, fulfillment and respect for the rights of persons with disabilities when faced with legal problems. Moreover, in order to understand the practical situation, judges do not provide criminal liability to people with intellectual disabilities, which is the consideration for the judge in giving a decision in a case, Decision Number: 290/Pid.Sus/2019/PN. Tng with the defendant Wendra Purnama, the reason in this case is that the judge did not impose legal responsibility on the defendant with intellectual disabilities on behalf of Wendra Purnama, even though he was stated to have participated in a narcotics crime, but because the judge's consideration was in accordance with his authority in Article 183 of the Criminal Procedure Code in the trial, it was reviewed based on The condition of the defendant requires paying attention to the principle of forgiveness in Article 44 of the Criminal Code. Meanwhile, Decision Number 135/Pid.Sus/2018/PN Btg. In this regard, the defendant has an intellectual disability, namely mild mental retardation. Proven to have committed a criminal act of attempting to entice a child and carrying out an act of sexual immorality against the victim, a child aged 7 (seven) years, then the perpetrator was charged with a criminal charge by the judge because he fulfilled and proven the existence of a criminal act, and the defendant's condition was not included in the grounds for forgiveness in the reasons for his abolition. criminal. The purpose of this research is to clearly see the judge's considerations as legal certainty amidst the absence of clear regulations relating to the legal subject of people with intellectual disabilities. Then the author conducted normative juridical research which was carried out through observation of relevant legal regulations, then carried out a study of library materials to develop a study related to the title of this thesis.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Additional Information: | [No.Panggil: 2010611008] [Pembimbing: Rosalia Dika Agustanti] [Ketua Penguji : Bambang Waluyo] [Penguji 1: Kayus Kayowuan Lewoleba] [Penguji 2: Rosalia Dika Agustanti] |
| Uncontrolled Keywords: | Ratio decidendi, crime, intellectual disability |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S1) |
| Depositing User: | Khaerul Anam |
| Date Deposited: | 21 Mar 2024 07:45 |
| Last Modified: | 21 Mar 2024 07:45 |
| URI: | http://repository.upnvj.ac.id/id/eprint/28911 |
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