<![CDATA[Legal uncertainty in the application of Article 44 of the Criminal Code against perpetrators of criminal acts with mental disabilities in Indonesia, which often leads to disparity of decisions. The research method used is juridical normative approach to comparative law between Indonesia, Japan, and Canada. The results showed that in contrast to Indonesia, which does not yet have a strong post-verdict supervision mechanism, Japan through the Medical Treatment and Supervision Act (MTSA) and Canada through the Review Board system have integrated medical and legal assessments systematically. The discussion revealed that the absence of standardized forensic psychiatric evaluation standards in Indonesia resulted in a waiver of rehabilitation rights for perpetrators. In conclusion, Indonesia needs regulatory reform that adopts an integrated surveillance model and the construction of forensic mental health facilities to ensure legal certainty and community safety. This comparative study recommends the establishment of a special authority institution to supervise the process of treating mentally disabled offenders so as not to re-commit criminal acts.]]>
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