Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)

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Criminal Liability, Perpetrator with Disabilities Sexual Abuse of Children (Court Decision No. 16/Pid.Sus/2019/PN)

Authors
Samuel Tinambunan1, Kartina Pakpahan1, Iwan Setyawan1, *
1PUI PT Criminal Law and Green Economy, Faculty of Law, Master of Law, Universitas Prima Indonesia, Medan, Indonesia
*Corresponding author. Email: iwansetyawan@unprimdn.ac.id
Corresponding Author
Iwan Setyawan
Available Online 3 January 2026.
DOI
10.2991/978-2-38476-531-7_12How to use a DOI?
Keywords
Criminal Responsibility; Disability; Children; Sexual Abuse
Abstract

This study aims to investigate the criminal responsibility of individuals with disabilities involved in sexual abuse cases against children, as well as to identify strategies for preventing such crimes and ensuring legal protection for victims. The research is conducted using a normative legal methodology, which combines legislative, conceptual, and case study approaches, with a particular focus on analyzing Court Decision Number 16/Pid.Sus/2019/PN Wsb. The findings indicate that individuals with intellectual disabilities can still be held criminally accountable if it is demonstrated that they understand the consequences of their actions, although their mental condition should be considered when determining criminal penalties. The study also highlights a legal gap between safeguarding perpetrators with disabilities and protecting child victims. It recommends the formulation of legal policies that balance the rights of disabled offenders with those of child victims, emphasizing restorative justice principles and specialized rehabilitation mechanisms.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
3 January 2026
ISBN
978-2-38476-531-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-531-7_12How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Samuel Tinambunan
AU  - Kartina Pakpahan
AU  - Iwan Setyawan
PY  - 2026
DA  - 2026/01/03
TI  - Criminal Liability, Perpetrator with Disabilities Sexual Abuse of Children (Court Decision No. 16/Pid.Sus/2019/PN)
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 96
EP  - 106
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_12
DO  - 10.2991/978-2-38476-531-7_12
ID  - Tinambunan2026
ER  -