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August 26, 2025Jurnal Ilmu KepolisianOpen Access

Paradox of Criminal Responsibility for Persons with Mental Disabilities in the 2023 Penal Code

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Authors

ZMZaini MunawirMedan Area UniversityNNNasrullah NasrullahMuhammadiyah University of Makassar

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Implication

Analysis reveals contradictions in criminal code provisions for mental disabilities, suggesting a need for restorative justice reforms.

Key Points

  • Individuals with mental disabilities face inconsistent treatment under the new criminal code, leading to potential human rights violations.
  • Key provisions contradict the convention on the rights of persons with disabilities, complicating legal governance in Indonesia.
  • Qualitative analysis identifies normative gaps in law enforcement approaches to individuals with mental disabilities.
  • Emphasizing the need for policies that respect dignity through restorative justice, this research calls for legal reforms.

Cite This Study

Munawir et al. (2025) studied this question.

synapsesocial.com/papers/68af7f407567bf4f94ff60f6https://doi.org/10.35879/jik.v19i2.632
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