<![CDATA[Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code) introduces new provisions through Articles 38 and 39 regarding the capacity to be held accountable for perpetrators with mental and/or intellectual disabilities. This article examines the criminal provisions for perpetrators suffering from severe mental disorders under the National Criminal Code and analyzes the application of measures to perpetrators declared incapable of being held accountable in the Indonesian criminal justice system. The research method used was normative legal research with a legislative and conceptual approach. Data was obtained through a literature review of primary, secondary, and tertiary legal materials, analyzed descriptively and qualitatively. The results indicate that the National Criminal Code has provided legal updates that are clearer, more humane, and more human rights-based than the previous Criminal Code. These provisions integrate a legal approach with a medical one through the involvement of psychiatrists in determining the perpetrator's capacity to be held accountable. However, the implementation of these measures still faces obstacles such as limited mental health facilities, a lack of forensic psychiatrists, and suboptimal coordination between law enforcement and medical personnel]]>
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