ANALISIS YURIDIS SURAT PERINTAH PENGHENTIAN PENYIDIKAN (SP3) TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN DENGAN GANGGUAN KEJIWAAN DALAM PERSPEKTIF HUKUM POSITIF INDONESIA

Murder is one of the most serious criminal offenses, regulated under Article 338 and Article 340 of the Indonesian Penal Code. In practice, certain murder cases involve perpetrators who suffer from mental disorders. This condition raises legal and ethical questions, particularly when the investigation process is halted through the issuance of a Warrant of Termination of Investigation (Surat Perintah Penghentian Penyidikan/SP3) on the grounds of the perpetrator’s mental incapacity. This research aims to examine the legal grounds and implications of issuing an SP3 for perpetrators of murder with mental disorders within the framework of positive Indonesian law. This normative juridical research uses a statutory and Case Approach by analyzing relevant legislation, legal theories, and judicial decisions. The study focuses on the legal basis for stopping criminal
investigations due to mental illness and its alignment with the principles of criminal responsibility in Indonesian law. The analysis includes how mental incapacity is assessed, the authority of investigators in terminating investigations, and the role of expert psychiatric assessments in the process. Findings indicate that although perpetrators with severe mental disorders may be considered incapable of criminal responsibility under Article 44 of the Penal Code, the use of SP3 as a legal mechanism for terminating murder investigations requires strict scrutiny. There is a risk of legal uncertainty and public distrust, especially in serious crimes such as murder. The study suggests that more specific regulations and judicial oversight are needed to ensure that the use of SP3 in such cases remains transparent,
accountable, and in accordance with the rule of law.
Keywords: SP3, Murder, Mental Disorder, Investigation.