Pertanggungajawaban Pidana Orang Dengan Gangguan Neuropsikiatri Tourette Syndrome

This study aims to analyze criminal responsibility for perpetrators of criminal acts who suffer from neuropsychiatric-neurodevelopmental disorders, particularly Tourette Syndrome, with a focus on cat calling cases. In the context of Indonesian criminal law, the aspect of responsibility is very important, because the law can only be imposed if the perpetrator is aware and able to control his actions. This study employs a normative legal approach using primary and secondary legal sources and a deductive method. The study demonstrates that not all individuals with Tourette Syndrome can be exempted from criminal liability. This must be proven through psychiatric examinations and legal considerations, particularly whether the symptoms of Tourette Syndrome eliminate the elements of mens rea and actus reus. Based on the theory of negative proof in the Criminal Procedure Code, judges can only decide a case if it is supported by at least two valid pieces of evidence and the judge's conviction. Thus, neurological disorders such as Tourette Syndrome do not automatically become grounds for criminal exemption without strong evidence. This study is expected to contribute to the formulation of fair criminal policies that are sensitive to neuropsychiatric conditions.