According to the Big Indonesian Dictionary (KBBI), psychopaths are people who because of mental disorders show deviant behavior so that they experience difficulties in socializing.
Associated with psychology, in the science of criminal law, the reasons for the eradication of crimes are known, namely the reasons for justification and reasons for forgiveness:
1. The justification means the reason that removes the unlawful nature of a criminal act. So, the justification is seen from the side of the action (objective). For example, the act of taking the life of a death row inmate against a death row inmate (Article 50 of the Criminal Code (KUHP)).
2. The excuse for forgiveness is a reason that removes the guilt of the perpetrator of a crime, while the act is still against the law. So, the reason for forgiveness is seen from the side of the person / perpetrator (subjective). For example, because the perpetrator is insane or insane so he cannot be held accountable for his actions (Article 44).
To find out whether psychopathy is a disease that can be equated with insane or insane as referred to in Article 44 of the Criminal Code, we can refer to the opinion of a victimology expert from California State University, United States and director of the Tokiwa International Victimology Institute, Japan, John Dussich.
In John Dussich’s article: Psychopaths don’t necessarily deserve the death penalty, John says that almost all forensic psychologists don’t believe psychopaths are a valid concept. In Psychopathology there is something called the MMPI (Minnesota Multiphasic Personality Inventory) which is a way to identify psychiatric personalities. Indeed, there is one scale called psychopathy, but this is a miscellaneous category, not considered too much. It is further said that psychopaths are also not madness. Losing that person is mentally ill, it’s a category of its own, called psychotic. It is important to note whether this person can think rationally. If you can’t think rationally, then you have to be put in a mental hospital, that can be a basis for forgiveness. The point is not to punish based on psychological labels. Punishment should only be given based on the severity of the crime committed, not because of the psychopath label. So, if a psychopath commits a crime, then he is punished like a person who has a normal psyche because a psychopath is not a disease of madness that can be the reason for the elimination of the crime
