KEBIJAKAN KRIMINAL PENYELESAIAN PERKARA PIDANA PADA TAHAP PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA YANG MENDERITA GANGGUAN JIWA

Abstract

This research talking about policy that taken by investigator officer to overcome criminal case on investigation stage toward a person/actor crime who mentally defective. This research use normative method and empirical jurist approach, caused by analyzing the act / criminal law and comparing with the field practical of criminal justice system, especially investigation stage toward crime actor who mentally defective. The object of this research is Regency Police of Kulonprogo. As one of officer in Indonesian Criminal System, role of investigator are special to enforce the law and justice, cause of investigator is the first stage. Toward crime actor who mentally defective ruled by Article 44 section (1) Indonesian Crime, exactly rule that there is no penalty for the mentally defective. Case in this research murdering / oppression that result someone die and religion humiliation, both of crime do by person who mentally defective. Toward both of actor investigated as rule by Indonesian Formile Law, so the treatment similar with other crime actor. The obstacle of this case can we seen when the document return to investigator by the general prosecutor, finally the investigation stage terminated cause of not proper to continue on court stage. Its termination do by investigator accurate and careful, because one of the case is humiliation toward one of religion, that is burning the holy book of Islam (Al-Qur’an) in the mosque. A good policy is needed to avoid the clash in society. While the other case need mediation process, and finally can received both of the group. A good policy in termination process is necessary to create justice, certainty law and useful for society.