LEXARA: Journal of Law and Legal Studies
Vol. 1 No. 2 (2026): LEXARA: Journal of Law and Legal Studies

From Testimonial Credibility to Procedural Equality: Protecting Victims with Disabilities under Indonesia’s New Criminal Procedure Code through Decision No. 286/Pid.Sus/2025/PN Skt

Vincentius Setyawan (Universitas Atma Jaya Yogyakarta)



Article Info

Publish Date
23 Sep 2026

Abstract

This study examined the protection of victims with disabilities in Indonesian criminal proceedings through Decision No. 286/Pid.Sus/2025/PN Skt and the framework introduced by Indonesia’s new Criminal Procedure Code. The study addressed the problem of whether judicial assessment of testimony had sufficiently accommodated the specific procedural needs of victims with disabilities and ensured substantive equality during criminal adjudication. A normative legal method was employed by critically analysing the court’s reasoning and comparing it with the procedural safeguards governing disability rights in criminal proceedings. The analysis found that equal recognition of testimony had required more than formal acceptance of evidence. It had also depended on reasonable procedural accommodation, accessible communication, and a disability-sensitive assessment of testimonial credibility. The study further found that credibility assessment risked reproducing procedural inequality when disability-related characteristics were treated as indicators of evidentiary weakness. It concluded that the new Criminal Procedure Code should have been interpreted as requiring procedural equality throughout evidentiary examination, rather than merely guaranteeing formal participation of victims with disabilities.

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Journal Info

Abbrev

lexara

Publisher

Subject

Description

LEXARA Journal of Law and Legal Studies is an academic journal specifically focused on Legal Science and Legal Studies. The journal publishes research in which law constitutes the principal object of inquiry, including the analysis of legal norms, legal doctrines, legislation, judicial decisions, ...