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Construction of norm in determining competence to be responsible stated in Criminal Code (KUHP) needs to be reconceptualized because the construction does not make any qualification on the incompetence to be responsible (verminderde teorekeningsvatbaarheid) in criminal science law. . Criminal Code stipulates that a person is deemed incompetence to be responsible for the crime he/she commits for 2 (two) reasons. First is if the person is considered mentally incapable (gebrekkige ontwikkeling), and the second is if a person is considered incapable because of an illness (ziekelijke storing). This article aims to reconceptualize the competence to be responsible stated in National Criminal Code through qualitative literature study on some texts. The finding of the study is that first, the concept of norm competence to be responsible stated in Criminal Code is no longer relevant with current development of psychiatry and law which have been specialized and interdisciplinary. The second is that the categorization of a person’s mental condition considered light and severe mental retard and has given chance for the concept of incompetence to be responsible (verminderde teorekeningsvatbaarheid), which so far is only recognized in criminal study, to be normatively present in light mental retard category and to give a chance to negatief wettelijk evolution in the study of criminal procedure to move to positief wettelijk on the superego of judge’s decision based on visum et repertum psychiatry of a psychiatrist.

Background: Patient safety is important, if event of infection in hospital patients will have a detrimental impact on the hospital, staff and on the patient especially as the recipient of the service. The other impact caused is the decreasing level of public confidence in the health services provided. Therefore the application of patient safety should be a culture. Objective: To identify factors influencing the implementation of patient safety culture by nurses at the ward of Tangerang General Hospital. Research Method: Correlative descriptive research with cross sectional approach. Population in this research is all nurse at ward of Tangerang General Hospital in 2018 as many as 205. Sample counted 68 nurses taken with systematic random sampling technique. Data obtained by distributing questionnaires that have been valid and reliable. Univariate and bivariate data analysis using chi-square test. Result of research: Of 68 nurses most of which were 35 nurses (51,5%) were having good application of patient's culture of awareness, have knowledge of applying good patient safety culture that were 41 nurses (60,3%), have high motivation about cultural application patient safety were 39 nurses (57,4%), expressed effective leadership support that were 37 nurses (54,4%). There was an influence between nurse knowledge level and patient safety culture with pvalue = 0,007 and POR = 4,580 (95% CI = 1,605-13,067). There was an influence between nurse motivation and patient safety culture with pvalue 0,002 and POR = 5,906 (95% CI = 2,044-17,063). There was an influence of leadership support with application of patient safety culture with pvalue 0,028 and POR = 3,357 (95% CI = 1,237-9,110). Conclusions and Suggestions: There is an influence of knowledge, motivation and leadership support with the application of the patient's safety culture by nurses in the ward. Hospitals are advised to improve the implementation of existing patient safety so that it becomes a culture.