Disable: Law Review
Vol. 2 No. 1 (2026): Disable: Law Review

Legal Protection and Access to Justice for Sexual Violence Victims with Mental Disabilities in Indonesia

Aulia Putri (Rudenim Surabaya)
Nadia Paramita (Rudenim Surabaya)
Rika Nur'Aini (Rudenim Surabaya)
Yahya Sayyaf (Tunisia: University of Manouba)



Article Info

Publish Date
24 Jun 2026

Abstract

Legal protection for people with mental disabilities who are victims of sexual violence in Indonesia continues to face complex challenges. Although Law provides a clear legal framework, its implementation has not fully ensured equal access to justice for this group. This study aims to identify structural, normative, and social issues arising in practice, while also evaluating the effectiveness of existing legal protections. The research employs a normative legal method using legislative and conceptual approaches, supported by qualitative analysis of primary and secondary legal materials. The findings reveal a significant gap between legal norms and their implementation. Key issues include judicial procedures that are not disability-friendly, limited access to legal aid, and the lack of appropriate accommodations for victims’ mental conditions. Furthermore, persistent social stigma and the limited capacity of law enforcement officials further weaken the protection provided. Consequently, existing legal protection remains ineffective, both substantively and procedurally. This study proposes an integrative approach through regulatory harmonization, capacity building for law enforcement officials, and the development of inclusive and responsive judicial mechanisms to enhance legal protection and improve access to justice.

Copyrights © 2026






Journal Info

Abbrev

disable

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Disable: Law Review which provides a forum for academic development and interdisciplinary studies on legal protection and human rights. To that end, this Journal develops innovative studies and promotes critical perspectives on the practice of legal protection and human rights in the context of ...