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

Obtaining legal protection of welfare, health, public service in a fair manneris the goal of the Indonesian state wich is based on Pancasila and the 1945constitution and is a right that must be felt for all citizens both from the upper andlower classes who can and cannot afford it. Among the objectives of the contentsof the articles in the 1945 constitution wich are no less important Than otherobjectives in daily life for citizens are legal protection for welfare and health ofpeoplewith mental disorders who experiences shackles by their families of thecommunity. The occurrence of shackles for people with mental disorders ofcourse there is a reason why it happened because of tantrums, destruction,persecution and disturbing in the social environment so that families andcommunities are worried that unwanted things will happen such as the occurrenceof murders against families or communities or the people with mental disordersthem selves. The act of shackling becomes a dilemmatic problem, it robs some oneof one’s independence as regulated in article 333 of the criminal code “whoeverintentionally deprives some one of their liberty or continues the deprivation ofliberty, is thus threatered with a maximum imprisonment of eight year.”There is no special law that regulates the act of shackles in Indonesia of peoplewith mental disorders make the problem unresolved and will continue to appearamon the community because of the absence of legal certainty, the author compilledthe above thesis because is relates directly to the author’s daily activities as socialworker in the field of handling and caring of people with mental disorder, wich inthe field activties often find cases of shackles of people with mental disorders withvery dire condition there are even sufferers who die in shackles.The problem attracts the author to be used as research and is compiled in theform of a thesis to reveal what happened and was seen firsthand by the author whoseoutline they suffered greatly and lose hope for the future, so that the author hopethat the act of shackles people with mental disorders can be a special attention ofthe government so that there is legal certainty. In the preparation of this thesis theauthor uses an empirical juridical approach that is confronted with real with realevents tahat occur in the social environment of the community regarding the act ofshackles of people with mental disorders. So that it will be clear what the reasonsare for shackles, who are the perpetrators af shackles, what are the legalconsequences for the sufferes and the perpetrator and what concequences occur inrelation to the physical and mental fines of the after shackles sufferer as well aslegal protection both the criminal code and human rights as well as the rights thatshould be obtained for people with mental disorders in accordance with law number18 of 2014 concerning mental health.Key words: shackles, mental disorders, legal protection.