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All Journal Ganec Swara
Zarahtul Janna
Universitas Tjut Nyak Dhien

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Perlindungan Hukum Korban Disabilitas Intelektual pada Kasus Kekerasan Seksual: Analisis Putusan No. 1245/Pid.B/2023/PN.Mdn: Legal Protection for Victims with Intellectual Disabilities in Sexual Violence Cases: An Analysis of Judment No. 1245/Pid.B/2023/PN.Mdn Zarahtul Janna; Donny Setha; Khairun Na’im; Karolina Sitepu
Ganec Swara Vol. 20 No. 3 (2026): September 2026
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v20i3.780

Abstract

Sexual violence against individuals with intellectual disabilities is a serious issue that highlights the persistent weakness of legal protections for vulnerable groups in Indonesia. In practice, victims often encounter obstacles in the evidentiary process due to cognitive limitations and a criminal justice system approach that tends to be overly formalistic. This study aims to examine the fulfillment of rights for victims of sexual crimes who have intellectual disabilities and analyzes the judge's *ratio decidendi* in Judgment Number 1245/Pid.B/2023/PN.Mdn using a normative method, supported by statutory and case-based approaches. A judicial approach is employed to conduct an in-depth analysis of the legal aspects of the case. The research demonstrates that the fulfillment of victims' rights has not been fully realized and that judicial reasoning remains focused on formal proof, failing to accommodate victim-oriented justice. Consequently, there is a need for criminal procedural law reform that is adaptive to the needs of persons with disabilities to ensure a higher level of legal certainty.
Co-Authors Donny Setha Karolina Sitepu Khairun Na’im