The personal condition of a person experiencing “severe stress,” classified as Amok disorder, results in their lack of awareness of their actions.
That the Judex Facti had heard the testimony of the expert psychiatrist, who explained that after they had examined the defendant, who was still under stress at that time. From examining the defendant’s head, the side of brain waves, the side of the eyeball, and several doctors’ opinions, it was finally concluded that the defendant apparently could not stand severe stress, causing sudden explosive mental disorder resulting from a significant Amok disturbance. As a result, the defendant could not remember what they had done. Their behavior also arose unexpectedly.
The Judex Facti disagreed with the testimony of this expert witness.
In its legal consideration, the Supreme Court may accept the expert’s testimony which serves as the basis for its decision. The personal condition of a person experiencing “severe stress” that they are classified as having a significant Amok disorder means they do not realize what they are doing. This type of person’s common sense is deteriorated (ziekelijke storing der verstandelijke vermogens). Therefore, if they commit a delict, they do not have an “element of guilt,” so Article 44(1) of the Criminal Code can be applied in this case.
According to the Supreme Court, the verdict in such a case is:
– The delict is declared legally and convincingly not proven.
– Defendant free from all charges.
→ Supreme Court Decision No. 33 K/Mil/1987, dated 27 February 1988.
Source:
Compilation of Supreme Court Abstract Legal Decisions on the Law of Debts and Receivables, By: Ali Boediarto, S.H. Publisher: Indonesian Judges Association, page 294.
Best regards,
Fredrik J. Pinakunary