Punishment for Bipolar Offenders: Legal Perspectives from Islamic Criminal Law and Article 44 of the Indonesian Criminal Code

Abstract

This research aims to analyze the legal perspectives on individuals suffering from bipolar disorder, both within the context of Islamic criminal law and based on Article 44 of the Indonesian Criminal Code (KUHP). Bipolar disorder is a mental condition that affects a person's emotional stability, and the question that arises is whether individuals with this disorder should be subjected to the same punishment as other criminal offenders or if special considerations should be given. The research methodology involves the examination of Islamic law literature, criminal law, and case studies to illustrate how Islamic criminal law and Article 44 of the KUHP deal with cases involving bipolar individuals. From the perspective of Islamic criminal law, this research reveals that there are differing opinions among scholars on how punishment should be applied to individuals with mental disorders. Some scholars argue that they should be subject to punishment like any other individuals, while others propose a more lenient approach that takes into consideration the mental health condition of the offender. On the other hand, Article 44 of the Indonesian Criminal Code provides a legal basis for the judiciary to consider the mental health condition of the offender when imposing a sentence. However, the implementation of this article often lacks consistency and requires further attention in determining a fair punishment for individuals with bipolar disorder. The findings of this research will provide a better understanding of how Islamic criminal law and Article 44 of the Criminal Code address the challenges that arise when punishing criminal offenders with bipolar disorder. This research may also offer a more holistic perspective on how the law can better handle cases involving individuals with mental disorders within the context of criminal justice.