Abstract:

The limitation of a person with a disability in digesting and knowing an action can be one of the causes of an unlawful act. The purpose of this study is to find out about Indonesia’s policy in granting special rights to a person with a disability in legal proceedings in Indonesia and to find out how much influence the strength of a psychiatrist’s statement in determining criminal liability for a person with a disability is and efforts to creat progressive law for persons with disabilities. The perpetrator of the crime is a person with a disability. The research method used is normative juridical. The result show thalt basically the state’s obligation to gluarantee legal protection for a person with a disability includes 3 things, namely making regulations or laws, providing accessible facilities and infastructure and conducting various research and trlaining. In the law enforcement process to assess the ability to be responsible for a person with a disability, the judge is given the authority to present with a psychiatrist as an expert statement. In the legal process, law enforcers as far as possible prioritize justice over legal certlainty. The application of progressive law can be applied by presenting other criminal law alternatives such as conditional punishment/ postponement of criminal execution, converted to fines, replacing with social work obligations, strong reprimands, pardons from judges, imprisonment only for a certain time and conditional release

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