jurnal Criminal Responsibility Against Perpetrators of Sexual Violence Against Persons with Intellectual Disabilities

Abstract

This study aims to determine the regulation of criminal liability for perpetrators of sexual violence against persons with intellectual disabilities and to determine whether in the perspective of Indonesian criminal law in the future the crime of sexual violence against persons with intellectual disabilities becomes a criminal burden). The research method used is normative legal research method and the approach used is legislation approach and conceptual approach and case approach. Analysis of legal materials used in this study was done by interpreting, evaluating and assessing all legislation and assessing the relevant legal materials. The results showed that sanctions against perpetrators of criminal acts are contained in positive law in Indonesia, In the court decision that the author carefully sanctions for perpetrators of rape crimes against a disability more pointed to Articles 285 and 286 of the Criminal Code where a disability is included in the helpless element in Article 286 of the Criminal Code where a disability is powerless against or save himself because of the shortcomings they have. The perspective of the Indonesian criminal law in the future to perpetrators of sexual crimes against people with disabilities, an additional crime is imposed in the form of adding criminal sanctions 1/3 as stipulated in Law Number 12 of 2022 concerning criminal acts of sexual violence.