PERANAN KETERANGAN AHLI PENYAKIT JIWA DALAM PERADILAN PIDANA

Mawarti, Theodora Desy Dwi (2009) PERANAN KETERANGAN AHLI PENYAKIT JIWA DALAM PERADILAN PIDANA. S1 thesis, UAJY.

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Abstract

The ability to be responsible is associated with one’s mental condition; if the mental condition is not well, his/her responsible ability will be disturbed. An assistance from psychiatrist in determining someone’s responsible ability in criminal justice process encounters, can be written in doctor’s information letter, psychiatric visum et repertum, or being an expert witness in the court of justice. This law writing is aimed to investigate the verification power of psychiatrist’s official statement in criminal justice and the constraints of psychiatrist’s official statement in the criminal justice. Research location is in Yogyakarta and the research subject is Yogyakarta District Court. Data collection was done by interviews and literature study. Research data was analysed by decriptive method, that is, data collected from the primary and secondary data which is systematically and logically written according to the deductive pattern, and then explained, written, and integrated based on scientific normative system. Research result gives conclusion and discussion which explained that psychiatrist’s official statement will determine whether defendant who is being accused in doing a criminal action can be given a punishment or not, an expert’s official statement has a verification power which is similar to the other evidence, but the judiciary unnecessarily affected by the expert’s official statement, and the necessity of psychiatrist’s official statement in the inland areas is difficult, because of the difficulty to get the psychiatrist there of the limited transportation, and the payment which is given by the government is not adequate, so an additional budget will be needed.

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