The Legal Responsibility to the Family for Shackling People with Mental Illness During the Covid-19 Pandemic

Authors

  • Yuna Ariawan
  • Cempaka Dewi
  • Ratih Wulansari Manuaba
  • Chandranita Manuaba
  • Mokhamad Khoirul Huda

DOI:

https://doi.org/10.37506/ijfmt.v16i2.18022

Keywords:

Shackling, People with Mental Illnesses (ODGJ), COVID-19

Abstract

During the COVID-19 pandemic until June 2020, there were 277,000 mental health cases in Indonesia.
The number increase compared to 2019. The number of shackling due to mental illness increased
from 5,200 in 2019 to 6,200 in 2020. Shackling is strictly prohibited because it violates the law and
human rights. Criminal sanctions in Article 333 of the Criminal Code are prepared for those who
shackle people with mental illness. The punishment stipulated in this article is also applied to people
who intentionally give space to the deprivation of other people’s freedom.The program of “Indonesia
Shackle-Free” was launched in 2010, the target was forced to be pushed back until 2019 and remains
challenging to achieve. The number of shackling increases due to a lack of public understanding of
mental health. This paper aims to explore further the relationship between the COVID-19 pandemic and
the condition of people with mental illnesses (ODGJ) in Indonesia. Another impact of the COVID-19
pandemic on ODGJ is drug withdrawal because of the disruption of drug circulation during the
pandemic. The allocation of health financing is also focused on dealing with the pandemic.Promotive
efforts are expected to eliminate stigma, discrimination, and human rights violations for ODGJ in the
community. Whereas, preventive efforts by developing parenting styles that support mental growth and
development, communication, and education in the family are expected to provide appropriate mental
health services for ODGJ when entering the rehabilitation stage

Author Biographies

  • Yuna Ariawan

    Master of Law Students,  University of Hang Tuah, Surabaya

  • Cempaka Dewi

    Master of Law Students,  University of Hang Tuah, Surabaya

  • Ratih Wulansari Manuaba

    Master of Law Students,  University of Hang Tuah, Surabaya

  • Chandranita Manuaba

    Master of Law Students,  University of Hang Tuah, Surabaya

  • Mokhamad Khoirul Huda

    Professor, Master of Law, Law Faculty, University of Hang Tuah, Surabaya

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Published

2022-04-12

How to Cite

The Legal Responsibility to the Family for Shackling People with Mental Illness During the Covid-19 Pandemic. (2022). Indian Journal of Forensic Medicine & Toxicology, 16(2), 440-446. https://doi.org/10.37506/ijfmt.v16i2.18022