KONSEP KETIDAKMAMPUAN BERTANGGUNG JAWAB DAN PENERAPANNYA DALAM PERADILAN PIDANA INDONESIA

Abstract

The burden of punishment does not fully imply to the convicted of criminal in the Indonesian criminal law because what have been stipulated in the country's laws are its general principle. The norms in criminal law stipulated that each crime act requires the elements of againsts the law and the responsibility of the perpetrator. This principle implies based on the facts that the perpetrator who has mental disorder would not experience detterrence or punishment effects. In facts, the implementation of these effects creates new problems, particularly, in determining when somebody can have status incapabel to be responsible. These problems are resulted from the subjectivity of the judges in conveying judgement, which look dominant, aside from the absence of a clear parameter to decide somebody to be resposible for the crimes he or she have committed.