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Marzuki, Suparman; Heryansyah, Despan

doi:10.25077/nalrev.v.4.i.1.p.92-105.2020

Cited by 1 publication

(2 citation statements)

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“…This method denotes a focus on legal norms as abstract stipulations, employing a methodological framework that engages with secondary data to address research queries. By employing a statutory approach, this research reviews all pertinent legislation related to mental and intellectual disorders in the context of penal objectives (Marzuki et al, 2021). The findings of this research are twofold: descriptive-analytical, methodically outlining the problem, and prescriptive, offering legal strategies to navigate the complexities of criminal sanction policies for individuals with mental and intellectual disabilities (Sugiyono, 2013).…”

Section: Methodsmentioning

confidence: 99%

“…The absence of definitive guidelines for implementing these assessments underscores the urgent need for procedural clarity that incorporates psychological insights. Profiling assessments are pivotal in recognizing the specific needs and challenges faced by individuals with disabilities within the legal framework, ensuring that the degree of impairment is considered in sentencing decisions (Marzuki et al, 2021).…”

Section: Criminal Sanction Reduction Policy …mentioning

confidence: 99%

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Criminal Sanction Reduction Policy: Mental and Intellectual Disabilities Review from the Purpose of Punishment

Hutabarat

2024

J.D.Hk.

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In the realm of criminal law, it is acknowledged that criminal offenses may be perpetrated by a broad spectrum of individuals, including those with disabilities, spanning both mental and intellectual realms. The term “disability” includes individuals with physical or intellectual impairments who could not previously be sanctioned. However, Law No. 1 of 2023 has provided for the imposition of sanctions for people with mental or intellectual impairments. This study employs a normative research methodology, utilizing a statutory approach through the examination of various literature and journals focused on criminal law policy. Specifically, it addresses the implementation of incarceration for individuals with mental and intellectual disabilities. Through descriptive-analytical methods, this research highlights that Article 38 of the New Criminal Code expands the scope of criminal sanctions applicable to individuals with mental and intellectual disabilities. This provision appears to be at odds with Article 44 of the Criminal Code, which exempts persons with such disabilities from criminal liability, suggesting a contradiction where Article 38 permits the application of reduced penalties. The conclusion posits that while individuals with disabilities might be seen as not fully accountable under certain circumstances, leading to exemption from criminal penalties, a human rights perspective advocates for prioritizing social rehabilitation.

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Section: Methodsmentioning

confidence: 99%

Section: Criminal Sanction Reduction Policy …mentioning

confidence: 99%