Ignatius Nalarkusumamurti Sutirto and Mieke Sylvia Margaretha Amiatun Ruth and Ahmad Yudianto (2018) The Analysis of Victim Wound Quality and Quantity in Assuming The Perpetrator’s Psychological Condition to Determine The Perpetrator’s Legal Liability. In: Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018). Science and Technology Publications, Lda., Surabaya, pp. 312-316. ISBN 978-989-758-348-3

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Abstract

In the law enforcement process, cases are often found where the perpetrator/defendant has a psychological condition that positions them as mentally unstable subjects; or known in the famous plea of “innocent due to insanity”. Procedurally, the examination to determine one’s mental condition must meet several requirements as described in Article 44 of the Criminal Code (KUHP) and also Health Act No. 18 of 2014 on Mental Health Article 71; but these conditions tend to be inflexible to the dynamics of Indonesian society, especially due to the vast plurality and the legal system in Indonesia that are different from other countries. In addition, these conditions are vulnerable to exploitation as a method of avoiding legal liability in some cases that have occurred lately because the verification process tends to be held in the court, which gives the perpetrator some advantages. Therefore, other methods are needed in order to provide additional data that can raise the objectivity and reliab ility analysis of law enforcers, such as wound analysis. In this study, we will compare some medical examination reports with various properties that revolve around wounds. The conclusion is that there is a correlation between the number of injuries and the victim's manner of death which, when traced, can provide additional data that can be used to describe the emotional condition of the perpetrator at the time of the incident. It still needs to be retested with a larger sample to gain a more valid and reliable result considering the sample used is a coroner's report, and often the reports are (a) missing or (b) incomplete as attached to them are letters stating ‘not willing to go through autopsy’.

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