Legal Protection for Defendants with Disabilities (Decision Study: 146/PID.SUS/2025/PT MTR)
DOI:
https://doi.org/10.55885/jprsp.v5i3.823Keywords:
Disability, Reasonable Accommodation, Defendant, Convict, Criminal Justice, Trial Process, Court of Law, Legal Protection, Rights of the Defendant, Rights of Persons with DisabilitiesAbstract
This study examines legal protection for defendants with disabilities in the Indonesian criminal justice system, with reference to Decision 146/PID.SUS/2025/PT.MTR. Using a normative legal research approach, this research analyzes relevant laws and regulations, international legal instruments, and court decisions to assess the implementation of the principle of presumption of innocence and the right to a fair trial for persons with disabilities. The study focuses on the application of Law Number 8 of 2016 concerning Persons with Disabilities and related regulations on reasonable accommodation in judicial proceedings. The findings indicate that, although legal provisions guarantee equal treatment, accessibility, and procedural protection for defendants with disabilities, their practical implementation remains limited. In the examined case, deficiencies were identified in the provision of communication assistance, procedural adjustments, and supportive services during the trial process. These limitations affected the defendant’s ability to participate effectively in legal proceedings. The study concludes that greater institutional commitment, improved professional capacity among law enforcement officials, and stronger supervision mechanisms are necessary to ensure the fulfillment of disability rights in criminal trials. Strengthening the implementation of reasonable accommodation is essential to achieve fairness, transparency, and legal certainty in the administration of justice for defendants with disabilities.
References
Bergelson, V. (2005). Victims and perpetrators: An argument for comparative liability in criminal law. Buffalo Criminal Law Review, 8(2), 385-487. https://doi.org/10.1525/nclr.2005.8.2.385
Björgvinsson, D. Þ. (2009, January). The protection of the rights of persons with disabilities in the case law of the European Court of Human Rights. In the UN Convention on the Rights of Persons with Disabilities (pp. 141-161). Brill Nijhoff.
Colbert, D. L., Paternoster, R., & Bushway, S. (2001). Do Attorneys Really Matter-The Empirical and Legal Case for the Right of Counsel at Bail. Cardozo L. Rev., 23, 1719.
Duffy, R. M., & Kelly, B. D. (2017). Rights, laws and tensions: A comparative analysis of the Convention on the Rights of Persons with Disabilities and the WHO Resource Book on Mental Health, Human Rights and Legislation. International journal of law and psychiatry, 54, 26-35. https://doi.org/10.1016/j.ijlp.2017.07.003
Palmer, J. S. (2013). The convention on the rights of persons with disabilities: Will ratification lead to a holistic approach to postsecondary education for persons with disabilities. Seton Hall L. Rev., 43, 551.
Pinilla-Roncancio, M., & Rodríguez Caicedo, N. (2022). Legislation on disability and employment: to what extent are employment rights guaranteed for persons with disabilities?. International journal of environmental research and public health, 19(9), 5654. https://doi.org/10.3390/ijerph19095654
Shinekeneva, Z. K., Sulaimbekova, S. D., Kaliyeva, G. S., Begaliyev, B. A., & Khussainov, O. B. (2022). Legal Protection Of Persons With Disabilities. Med. & L., 41, 275.
Szmukler, G., Daw, R., & Callard, F. (2014). Mental health law and the UN Convention on the rights of persons with disabilities. International journal of law and psychiatry, 37(3), 245-252. https://doi.org/10.1016/j.ijlp.2013.11.024
Troccoli, K. P. (2002). I Want a Black Lawyer to Represent Me: Addressing a Black Defendant's Concerns with Being Assigned a White Court-Appointed Lawyer. Law & Ineq., 20, 1.
Vîrjan, B. (2023, November). Exploring the Application of Article 10 (11) in Law no. 241/2005: Tax evasion and Non-Punishment Clauses. In Proceedings of the 34th International RAIS Conference on Social Sciences and Humanities (pp. 153-158). Scientia Moralitas Research Institute.
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