Implementation of the Criminal Justice System for Persons with Disabilities

Authors

  • Taufik Hidayat
  • Mahrus Ali
  • Arief Hidayatullah Khamainy
  • Nyoman Serikat Putra Jaya
  • Pujiyono

DOI:

https://doi.org/10.37506/ijfmt.v15i3.15997

Keywords:

Criminal justice system, Normal ideology, Persons with disabilities, Social approach

Abstract

The criminal justice system is built on the ideology of normality, a perspective that all people are physically
and intellectually normal. Consequently, the process of investigation, prosecution and examination in court
proceedings is only aimed at and designed for those who are normal. The existence of persons with disabilities
has become marginalized and even forgotten. The rights of persons with disabilities are often violated both
when they are perpetrators and witnesses/victims of criminal acts. In order for the criminal justice system to
be pro for them, the medical approach should be abandoned and replaced with a social approach. Here what
is needed is what the law enforcers need to fulfill at each stage of the criminal justice so that persons with
disabilities have the right to a fair criminal trial. A profile assessment is necessary to determine the character,
barriers and needs of persons with disabilities in the early stages of the criminal justice process.

Author Biographies

Taufik Hidayat

Lecture at Faculty of Law Diponegoro University, Semarang, Indonesia

Mahrus Ali

Lecture at Faculty of Law Indonesian
Islamic University, Indonesia,

Arief Hidayatullah Khamainy

Lecture at Faculty of Law Wiraraja University, Indonesia

Nyoman Serikat Putra Jaya

Lecture at Faculty of Law Diponegoro University, Semarang, Indonesia

Pujiyono

Lecture at Faculty of Law Diponegoro University, Semarang, Indonesia

Published

2021-05-17

How to Cite

Taufik Hidayat, Mahrus Ali, Arief Hidayatullah Khamainy, Nyoman Serikat Putra Jaya, & Pujiyono. (2021). Implementation of the Criminal Justice System for Persons with Disabilities. Indian Journal of Forensic Medicine & Toxicology, 15(3), 4481-4487. https://doi.org/10.37506/ijfmt.v15i3.15997

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