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October 27, 2025Al-Qadha Jurnal Hukum Islam dan Perundang-Undangan

A Juridical Examination of the Criminal Liability of Persons with Physical Disabilities in Sexual Violence Cases in Indonesia

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Authors

IYI Gede K Ananta YogaIDI Made Wirya Darma

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Overview

Normative review analyzes the role of mens rea in sexual violence by persons with disabilities, suggesting improvements for law enforcement and human rights.

Key Points

  • Criminal liability exists for persons with disabilities involved in sexual violence cases, recognizing mens rea and actus reus.
  • Sentencing remains inadequate, failing to address the needs of offenders with disabilities, leading to issues of formal justice.
  • The research applies a normative legal analysis, evaluating district court decisions under Indonesian law and key legal theories.
  • The findings emphasize the necessity of enhancing legal frameworks to uphold human rights and ensure fair treatment in the justice system.

Cite This Study

Yoga et al. (2025) studied this question.

synapsesocial.com/papers/68ff87d8c8c50a61f2bdcc83https://doi.org/10.32505/qadha.v12i2.12580
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1When the Law Fails to Protect Children with Disabilities from Sexual Abuse2025
  2. 2Legal review of criminal acts of sexual harassment by persons with disabilities (Case Study PN 23/Pid.B/2025/PN Mtr)2025
  3. 3Paradox of Criminal Responsibility for Persons with Mental Disabilities in the 2023 Penal Code2025
  4. 4Adaptive Criminal Liability for Persons with Disabilities: A Review of Criminal Reduction and Elimination Policies in the National Criminal Code2025
  5. 5The Principle of Equality Before the Law for Rape Victims of Persons with Dual Sensory Disabilities in Criminal Law Perspective2025