Can Psychopaths Be Criminalized?

JAKARTA - The legal process against NF (15), a teenager who killed his neighbor APA (5), is still being debated. There are those who encourage him to be sentenced to child punishment, but there are those who think that NF should be better rehabilitated because of mental disorders, psychopaths.

Meanwhile, the Police have not confirmed the legal process for this case because NF is still undergoing a psychological examination at the Kramat Jati Police Hospital.

Al-Azhar University Law expert Supaji Ahmad said, in the realm of crime, psychopaths do not fall into the category of psychiatric disorders. Because, psychopaths are more about personality problems. Where, still have common sense to think or determine something.

"A psychopath is not madness, not a mental illness (psychotic) because it is a personality disorder that is emotional, anti-norms, moral, angry, and so on," Suparji told VOI, Tuesday, March 10.

For this reason, psychopaths are not included in Article 44 of the Criminal Code. In this article, it is explained that people with mental disorders cannot be held accountable for all their actions. Thus, the NF can be charged with a criminal offense as a punishment for the act committed.

Plus, in criminal law, anyone must be punished if they do not get a criminal offense. For example, giving an apology from the injured party, or justifying during the trial. So, outside of these two reasons, everyone can be caught in criminal law.

"Because psychopaths are not included in that category, they can be punished," said Suparji.

Furthermore, the murderer who is a psychopath must be placed in a special room. Because, he has the desire to hurt anyone around him. This is also what makes him unable to be free from the bondage of the law.

"If the psychopath is released from punishment it will be dangerous and has the potential to repeat the crime," said Suparji.