Criminal Liability Policy Of Persons With Mental Disorders In Case Spreading Racial Issues

Abstract

Freedom of expression is stated in Article 28E of the 1945 Constitution. However, in law enforcement, it obeys laws and norms that do not use law as a source of law in its enforcement. The normative legal research method uses a case approach and a statutory approach. Sources of data used are primary data obtained from interviews and secondary data obtained by collecting data contained in books, papers, journals, print or electronic media and laws and regulations relating to the existing problems are studied and analyzed which is then called as legal material. The data that has been obtained is then analyzed. The data analysis used is qualitative analysis. Based on the results of research and discussion in the case decision Number: 8/Pid.Sus/2019/PN.Srg, the judge decided that the defendant was legally and convincingly proven guilty and was threatened with a criminal sentence in Article 28 paragraph (2) in conjunction with Article 45A paragraph (2) Act. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions, Law Number 8 of 1981 concerning the Criminal Procedure Code and other relevant laws and regulations. Criminal liability for defendants with mental disorders in Article 44 of the Criminal Code which stipulates if the criminal acts committed by the perpetrator cannot be held accountable, due to a mental disability during growth or mental disorders, so that his mind or soul is disturbed due to diseases such as mental disorders, psychosis, and mental disorders. etc. The condition of the defendant is said that the defendant is not legally competent as referred to in Article 32 of Law no. 8 of 2016 regarding disability and there is no sense of justice for the perpetrators.