Compiled By

MISBACH SYUKRI FKUPN 0920221169

NIA ELISA GINTING FKUPN 0920221171
RIZKA MAULIDA FKUPN 0920221173
RETNO AYU N FKUPN 0920221174
TASYKURU RIZQA FKUPN 0920221175

Lecturer Advisor : dr. Abraham Sp.F

dr. Arista Hardinisa
Case 1
• Mohamad Davis
Suharto ( Codet ) have
raped five children in
bali and seven children
in batam.
• He confessed to the
rape on the basis of
supernatural
promptings
• The court will impose a
heavy jail to him
Case 2
• Anik Qoriah Sri Wijaya, 31
year old woman, a
housewife confessed to kill
her three children.

• She kill her children

because she is too dear
and excessive affection, so
she don’t want to see her
three children become
miserable and poor in their
life.

• he is guilty of committing
the murder, but he should
be released from all
charges.
Cases is decided by courts with
the different of consideration,
although both cases are equally
suffered from psychiatric
disorders.
Why it can be happened?????
Forensic psychiatry is a sub-specialty of medical
science that examines human mental and its
function in legal and judicial help.
Scope of Work Forensic Psychiatry...

Visum et repertum psychiatry

Doctor position in forensic psychiatry

extension of the law officers

 Visum et Repertum
• written statement made by the doctor (in his
capacity as an expert) upon official request
from law enforcement authorities about what
is seen and found that the objects examined
by remembering the oath or affirmation
accept the post.
Legal basis
• Expert testimony are what is an
expert in the trial court declared
186

• Letter from an expert that contains

opinions based on his expertise on things
187 or something that prompted a state official

• Valid evidence is: Description of witnesses,

expert testimony, letters, instructions and
184 descriptions of the accused.
Type of Ver

Sexual
Injury
crime

Corpse Psychiatry
 LEGAL ASPECTS OF
EXAMINATION FOR
JUSTICE FORENSIC
PSYCHIATRY
1. Antisocial personality.
2. Neurosa.
3. Psychosis.
4. Organic Brain Syndrome.
Any person who 5. Mental retardation.
Commit a crime 6. Drug Dependence.
or violation 7. Households that
"Deemed" capable of
fall apart.
responsible
unless proven 8. Parents with
vice versa. personality sosiopatic.
9. A pathogenic milieu.
10. XYZ chromosomal
abnormalities.
 According to the book of criminal law
legislation
Subsection 44

• Whoever acts can not be

accountable for hissoul defect in
1 growthor impaired due to illness
was not convicted

• If it turns out it can not act

accountable to the perpetrators
because of growth defects or disturbed soul
2 because of illness, the judge may order
so people were put into a mental hospital,
no later than one year as a time trial.
 According to the book of the law of civil
law
Subsection 433:
Adults who are always in a state of stupid, insane rampage,
should be placed under curatelle, though sometimes
at certain times he can use his thinking ability.

Subsection 434:
Each member of the blood may be requested curatelle
members of their families because of ignorance / insane.

Subsection 446:
Since the pardon was announced then all civil relations
with the patient void created after the remission.

Subsection 452:
The position of a person under the same forgiveness with children under age.
Based on the Regulation of the Minister of
Health
Based on the Regulation of the Minister of Health
November 6th 1970 No. 1993/Kdj/U/70:

Especially for the benefit contemplates the court in general

to provide expert testimony, then in principle
every doctor who is registered with the Ministry of Health
and has received permission to work from the Ministry of Health
authorized to provide expert testimony and the testimony of a psychiatrist.

VeR Medical
psychiatry certificate
The Position VeRP in Law

Unexamined

1. Presence or absence of mental disorder

2. Relationship between mental disorder
with behaviors that lead to legal events
3. What about the ability
of unexamined responsibility
The Procedure for making VeRP
Legal Officer

VeRP request letter

Director of Nursing Facility

mental patients

Security ???
Psychiatrist

examined and observed Visit ???

for 14 days
Therapy???
DIAGNOSIS
1. Working on mental patient
Care facilities
2. Not involved in the case
concerned
3. There are no family
relationships or
employment relationships are
bound by the suspect or
victim
4. Not in another case
 Factors that determine someone
can against law

• Diagnosis: can be find mental

disosders at the time of
examination.
• Diagnosis : guessing a mental
disorders at the time of do the
lawlessness.
• Guessing when do the lawlessness
is part of mental disorders.
 Selecting and
directing Skills

The
Determining Consciosness
To Understand of while
Assesion of deeds Responsible commiting an
offense
Ability

Understanding
the risk Behave
 Level an Ability to
Responsible
UNAWARE

Unable to Responsible
AWARE

Respo
nsibilit UNAWARE
Half to Responsible
y AWARE

UN PLANED
FULL RESPONSIBLE

PLANED
Determined of competency of
value assesement

Level of
• INTELECTUAL
Competency Competent,
someone • ECONOMIC
act
who has • ETIC
introgated • YURIDIS
 Function Doctor in LAW
LEGAL
Examination
of suspect

VER Forensic
MD
Psichiatry
ThERAPISt
Case Discussion
CASE 1 CASE 2
 Forensic Psychiatric Examination
The ability of responsible test have some stage:

1. The awareness of action

Case 1 : Compos mentis
Case 2 : Compos mentis
2. Discriminative Insight

case 1 Case 2

1. The understanding of action and + -

the risk of action
2. Why the action must be done + -
3. The process of developing +
action
3. Discriminative Judgment
• Case 1 : +
• Case 2 : -

4. The Ability to choose and make the

willingness
• Case 1 : +
• Case 2 : -
 Conclusion
The assessment of responsibility level :
• Case 1 : The ability to take full responsibility
• Case 2 : The unable to take responsibility
 Visum et Repertum
Psychiatry maker is only a
specialist psychiatric
doctor working in a
mental hospital or public
hospital
Conclusion
Making Visum et Repertum
Psychiatry include general
medical examination
(internitis), neurological and
psychiatric examination.
The cases are often sought Visum et
Repertum Psychiatry, among others,
criminal cases, civil cases (contract
cancellation, forgiveness, grants,
divorce, adoption), and other cases
(the competence to interview and
eligibility for submission in court).
If the individual is able to understand
the value of actions (discriminative
insight), able to understand the value
of the risk of their actions
(discriminative judgment), able to
realize his will and his will be able to
direct the individual is considered
responsible for his actions.
 Suggestion
To the Government: More improve regulation of
existing legislation and adapted to the
development of the age or other implementers
to develop rules to guide physicians in the
examining psychiatrist or psychiatric cases.

To the Doctor: More understanding of legislation in

order to better know and understand the position and
role of doctors in court.

To law enforcement: In order to handle criminal cases

of suspected perpetrators had a mental disorder
immediately asked for help from a psychiatrist who is
more psychological aspects of one's control.
Thank You…
1. Di rujuk ke RSJ?? RSJ yang bagaimana….

2. Letak perbedaan VeR dan VeRP???