Pertanggungjawaban Pidana Terhadap Pelaku Penganiayaan Penyandang Dissociative Identity Disorder

Abstract

This journal intended to find out how criminal responsibility for violence criminals with Dissociative Identity Disorder (DID). This journal is used juridical normative research based on legal ambiguity in Article 44 Paragraph (1) of the criminal code which doesn’t give a limitations of psychological conditons that can erase criminal responsibility. Study results is prove that DID is recognized as a mental disorder in both psychological and legal terms so that it can be used as an excuse for criminal responsibility in mentally disturbed by disease. Meanwhile, criminal responsibility for persons with DID who commit criminal acts of abuse is determined by their capacity to be responsible. To use DID as an excuse for abolishing a sentence, it must be proven that at the time of committing the crime of persecution, the body of the person with DID was in a state of being controlled by an alternative personality so that he was unable to realize his actions. If it is proven that in committing a criminal act of persecution there is one excuse for forgiveness in him, then the element of guilt found in the person with DID who committed the criminal act of persecution can be eliminated. The erasure of the element of guilt in the person with DID who committed a criminal act of persecution makes the actions he committed still considered a criminal offense, but cannot be convicted because there is no fault on him.