Fulfilling the Needs of Person with Disabilities in the Courtroom

Abstract

The purpose of this article is to examine the necessity for a special criminal procedure for disabled people in the Indonesian court system. This study used legislation and conceptual techniques to conduct doctrinal legal research. According to the conclusions of this study, the criminal justice system is built on the normality principle, which states that everyone is physically and mentally normal. As a result, the investigation, prosecution, and examination processes in court proceedings are solely designed and geared at ordinary people. Disabled people have been pushed to the outskirts and may be disregarded. The rights of people with disabilities are routinely violated, both as perpetrators and as witnesses/victims of criminal activity. For the criminal justice system to be pro-people, the medical method should be abandoned in favor of a social approach. Law enforcement must perform its duties at each level of the criminal justice system to ensure that people with disabilities receive a fair trial. A profile assessment is required in the early stages of the criminal justice process to evaluate the character, difficulties, and needs of people with disabilities.