PERLINDUNGAN HUKUM TERHADAP PENDERITA GANGGUAN JIWA PASCA PASUNG DITINJAU DARI KUHP DAN UNDANG-UNDANG NOMOR 18 TAHUN 2014 TENTANG KESEHATAN JIWA

Abstract

Obtaining legal protection of welfare, health, public service in a fair manner
is the goal of the Indonesian state wich is based on Pancasila and the 1945
constitution and is a right that must be felt for all citizens both from the upper and
lower classes who can and cannot afford it. Among the objectives of the contents
of the articles in the 1945 constitution wich are no less important Than other
objectives in daily life for citizens are legal protection for welfare and health of
peoplewith mental disorders who experiences shackles by their families of the
community. The occurrence of shackles for people with mental disorders of
course there is a reason why it happened because of tantrums, destruction,
persecution and disturbing in the social environment so that families and
communities are worried that unwanted things will happen such as the occurrence
of murders against families or communities or the people with mental disorders
them selves. The act of shackling becomes a dilemmatic problem, it robs some one
of one’s independence as regulated in article 333 of the criminal code “whoever
intentionally deprives some one of their liberty or continues the deprivation of
liberty, is thus threatered with a maximum imprisonment of eight year.”
There is no special law that regulates the act of shackles in Indonesia of people
with mental disorders make the problem unresolved and will continue to appear
amon the community because of the absence of legal certainty, the author compilled
the above thesis because is relates directly to the author’s daily activities as social
worker in the field of handling and caring of people with mental disorder, wich in
the field activties often find cases of shackles of people with mental disorders with
very dire condition there are even sufferers who die in shackles.
The problem attracts the author to be used as research and is compiled in the
form of a thesis to reveal what happened and was seen firsthand by the author whose
outline they suffered greatly and lose hope for the future, so that the author hope
that the act of shackles people with mental disorders can be a special attention of
the government so that there is legal certainty. In the preparation of this thesis the
author uses an empirical juridical approach that is confronted with real with real
events tahat occur in the social environment of the community regarding the act of
shackles of people with mental disorders. So that it will be clear what the reasons
are for shackles, who are the perpetrators af shackles, what are the legal
consequences for the sufferes and the perpetrator and what concequences occur in
relation to the physical and mental fines of the after shackles sufferer as well as
legal protection both the criminal code and human rights as well as the rights that
should be obtained for people with mental disorders in accordance with law number
18 of 2014 concerning mental health.
Key words: shackles, mental disorders, legal protection.