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This study aims to find out how the implementation of Article 491 Paragraph 1 of the Criminal Code against perpetrators of neglect of insane people in Ternate City and to determine the factors that influence the implementation of Article 491 Paragraph 1 of the Criminal Code against perpetrators of neglect of insane people in Ternate City.This research was conducted in Ternate City in North Maluku Province. The type of research used is empirical, namely by using an approach model by looking at the legal reality that occurs in the community. In this study, the type of data used is primary data sourced from the Ternate City Social Service, Ternate City Health Service, Ternate City Police and Sofifi City Mental Hospital. and secondary data obtained from library materials and regulations related to the title of the thesis. The data collection technique used is done by interview and literature study. Analysis of the data used is a qualitative analysis.Based on the results of the research that has been carried out, it is concluded that the insane person is the responsibility of his guardian or his closest family so that he can maintain, treat, protect and protect the crazy person. However, if you look at it from theAccording to the law, it is the government that is obligated, but according to the author, it is the family or guardians who are obligated to take care of the insane, in accordance with Article 491 of the Criminal Code which reads "Whoever is obliged to take care of a mad person who is dangerous to himself or to others. otherwise, allowing that person to wander around unguarded, shall be subject to a maximum fine of seven hundred and fifty rupiahs. If Article 491 of the Criminal Code states that it is threatened with a fine. So there is no reason to abandon crazy people, because the government's responsibility is only to provide medical facilities for people who have mental disorders or are insane.
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