Discourse with The Role of Experts in Cases When Persons with Disabilities Are Victims of Criminal Offences

DOI

10.2991/978-2-38476-362-7_6How to use a DOI?

Keywords

Doctors; Psychiatrists; Law Enforcement; Persons with Disabilities

Abstract

The objective of this study is to highlight the significance of experts, specifically doctors and psychiatrists, in the enforcement of criminal law for victims with disabilities. This is governed by Article 30 of Law Number 8 of 2016, which pertains to Persons with Disabilities. This study employs a normative legal research methodology, precisely a statutory approach. According to the findings, doctors and psychiatrists are legally required to provide evidence of criminal offenses, particularly those involving victims with disabilities. This requirement is outlined in Article 30 of Law 8/2016, which states that criminal law enforcement involving victims with disabilities must involve the input of doctors and psychiatrists to establish the factual truth in line with the objectives of the Criminal Procedure Code. Law enforcers have not fully comprehended Article 30 of Law 8/2016, particularly in cases involving victims with disabilities. They tend to disregard the provisions of this article and wrongly assume that victims with disabilities are incapable of testifying or communicating. This negates the intent of Article 30, which emphasizes the need for law enforcers to enable victims with disabilities to testify or communicate. Hence, while dealing with criminal law enforcement involving victims who have impairments, adhering to the stipulations outlined in Article 30 of Law 8/2016 is crucial. This involves using the expertise of medical professionals, such as doctors or psychiatrists, to address criminal cases involving disabled victims effectively. The urgency is to ensure that individuals with disabilities do not experience prejudice and are not hesitant to report any criminal offenses committed against them in the future.

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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TY  - CONF
AU  - Dora Kusumastuti
AU  - Rian Saputra
AU  - Willy Naresta Hanum
PY  - 2025
DA  - 2025/02/28
TI  - Discourse with The Role of Experts in Cases When Persons with Disabilities Are Victims of Criminal Offences
BT  - Proceedings of the International Conference on Law Reform (5th Inclar 2024)
PB  - Atlantis Press
SP  - 28
EP  - 35
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-362-7_6
DO  - 10.2991/978-2-38476-362-7_6
ID  - Kusumastuti2025
ER  -