Pertanggungjawaban Pidana Bagi Pelaku Pembunuhan yang Mengalami Gangguan Jiwa Perspektif Hukum Pidana dan Islam

Abstract

Murder which is committed by the status of a madman is a common problem in society with various cases and characteristics. Publicity about this is likely to arouse strong emotions and raise the question of whether or not it is sanctioned. In connection with the crime itself, the view from Islamic law defines a crime as an act that is prohibited by law that comes from Allah, for this violation there are provisions of punishment that come from Him. The legal prohibition referred to here is to do an act that has been prohibited or by not doing work that is not justified. What can be classified as part of a crime in Islam is if the act is only prohibited on the basis of the Sharia. It must be said, by doing or not doing an act which will result in a punishment which must be based on the Shari'ah which is a crime. The perspective of Islamic law and in the provisions of criminal law on actions in the category of criminal acts, such as actions in the category of murder, are committed by crazy people or people who are experiencing mental disorders. Here it will be seen whether the provisions of Islamic law and the provisions of criminal law will also apply to a madman who has been proven to have committed these crimes.