Reformulation of Regulations on the Termination of Criminal Acts Against Mentally Ill Offenders Based on Substantive Justice Values

Abstract

This research is motivated by the legal uncertainty and injustice in regulating the termination of criminal acts on the grounds of mental illness in the Indonesian criminal justice system. Current regulations, both in the Criminal Code (KUHP) and the Criminal Procedure Code (KUHAP), do not provide clear definitions, objective assessment standards, or adequate oversight mechanisms, resulting in differing interpretations and potentially harming victims and the community. Furthermore, the approach used tends to be perpetrator-oriented and does not fully reflect the values of substantive and restorative justice. The purpose of this study is to analyze the reasons why the regulation on the termination of criminal acts on grounds of mental illness is not based on values of justice, to identify the weaknesses of the current regulation, and to formulate a reconstruction of the regulation that is fairer and more comprehensive. This study uses a sociological juridical method with a normative and empirical approach, supported by the Pancasila theory of justice, legal system theory, and progressive legal theory. The results indicate that the main weaknesses lie in the absence of standard standards for assessing mental illness, a lack of coordination between institutions, and the absence of a post-discontinuation monitoring mechanism. Therefore, regulatory reconstruction is needed, including a clearer definition of mental disorders, standardization of assessment procedures, the establishment of an independent oversight body, and the strengthening of a restorative justice approach through the rehabilitation and social reintegration of offenders. This reconstruction is expected to create a balance between protecting the rights of offenders, justice for victims, and the interests of society, resulting in a more just, humane, and substantive criminal justice system.