Marsudi, Rochman, Setiyono, Setiyono and Indrayanti, Kadek Wiwik (2022) Study of authority rights to investigation the status of criminals with mental disorders in the criminal justice system. International Journal of Advances in Scientific Research and Engineering (IJASRE), 8 (2). pp. 60-66. ISSN 2454-8006

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Abstract

Currently, there are many criminal cases committed by a person who has a mental disorder. Among Law Enforcers, there are still frequent debates about who has the right to determine the status of a suspect in a state of mental illness, whether it is Police, Prosecutors, or the Judge. The problems in this: The Investigator's authority in stopping the investigation of criminals with mental disorders and criminal responsibility, and the authority to determine the status of criminals with mental disorders in the criminal justice system.
The type of research used in this thesis is normative juridical (legal research), statutory, conceptual, and qualitative descriptive analysis methods.
According to law, the Investigator's authority to stop the investigation of criminals who have mental disorders is legal. If the fact is obtained in the inquiry that the perpetrator cannot be held criminally responsible because he is mentally disturbed, then the subjective element has not been fulfilled. Criminal responsibility and the authority to determine the status of criminals who experience mental disorders should not only be judged. Police and prosecutors also have the power.

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