Tinjauan Yuridis Pertanggungjawaban Pidana Penyandang Autis Sebagai Pelaku Tindak Pidana Dalam Hukum Pidana Indonesia

This thesis discusses criminal responsibility for individuals with autism who commit criminal offenses under Indonesian criminal law, as regulated by Article 44 of the Indonesian Criminal Code (KUHP), Law No. 8 of 2016 on Persons with Disabilities, and Law No. 18 of 2014 on Mental Health. However, these laws do not clearly address the criminal responsibility of individuals with autism who commit crimes. This research is motivated by the lack of understanding regarding criminal offenses committed by individuals with autism, which often leads to unfair treatment in the legal process. Therefore, this study seeks to explore how individuals with autism can be held accountable in criminal cases. The research problem posed is “What is the form of criminal responsibility applied to individuals with autism who commit criminal offenses”. The research methodology used is a normative juridical approach, analyzing legal regulations such as Article 44 of the KUHP and Law No. 8 of 2016 on Persons with Disabilities. The theory applied in this research is the theory of criminal responsibility, focusing on the element of fault (mens rea) and the mental capacity of the perpetrator. The results of this study show that individuals with autism involved in criminal offenses may receive reduced sentences or be exempt from criminal responsibility if it is proven that their mental condition affects their understanding of the crime. The author's recommendations include the importance of educating law enforcement officers in handling cases involving individuals with autism, as well as the need for specific regulations that ensure their rights are protected during legal proceedings.