Fulfillment Of The Right Of Justice When Persons With Disabilities Commit Criminal Acts

Fulfillment of The Right of Justice When Persons with Disabilities Commit Criminal Acts Febriyanti P. Bulo1 1 Fakultas Hukum, Universitas Negeri Gorontalo, Indonesia. E-mail: ARTICLE INFO ABSTRACT Keywords : This study aims to find out the fulfillment of the right to justice when people with disabilities commit criminal acts. The research method used is empirical research by conducting sample withdrawal using purposive sampling and data analysis using qualitative research approaches. The results showed that the fulfillment of the rights of persons with disabilities in the batucada police jurisdiction is less than optimal even though the police have carried out their role as law enforcement by carrying out the process of investigation and investigation on a person with disabilities as a criminal perpetrator. However, it has not been fully maximized in fulfilling the rights of justice of persons with disabilities themselves because it can be seen based on the data and information obtained that when persons with disabilities face the law, in this case, is a criminal offender, the police only focus on the use of regulations that are generally without being supported by special regulations, in this case, is law No. 8 of 2016 concerning Persons with Disabilities which explains About the rights of a disabled person. Police, especially investigators, can better understand law number 8 of 2016 on persons with disabilities so that in the process of examination in the police the right to justice of a person with a disability can be more fulfilled as a whole. Justice; Disability; Criminal. How To Cite : Bulo, F.P., (2020). Fulfillment Of The Right Of Justice When Persons With Disabilities Commit Criminal Acts. Estudiante Law Journal. Vol. 2 (1): 102113 DOI : @2020 Bulo, F.P. Under the license CC BY-SA 4.0 https://ejurnal.ung.ac.id/index.php/eslaw/index Estudiente Law Journal Vol. 2 (1) 2020 102 1. Introduction A. Background Human society and law are three things that are closely related to each other, inhuman social life interactions or reciprocal relationships between themselves and others and vice versa. This is in line with what Aristotle put forward in one of the Delhi philosophies that suggest that humans are(zoon political)interpreted by Western journalists as social beings or social creatures.1 From this, it is clear that Human beings can live in an organized society to achieve the common goal of needing social norms or rules that govern it.2 Indonesia as a legal state provides the right to fair recognition, guarantee, protection, and legal certainty and equal treatment before the law"Equality Before the law", this becomes an important principle in the guarantee of equality of degrees for everyone before the law, one of who is a person with disabilities who is often the most vulnerable group in social life or when faced with the law. The interrelationship of law, man, and society according to Marcus Tullius Cicero, suggests that where there is a society there is a law as a necessity to regulate the relationship between humans to be peaceful and comfortable.3 The law requires balance, importance, order, justice, tranquility, happiness, peace, and harmony for every human being.4 Article 1 Paragraph (5) of Law No.8/2016 specifies the protection of persons with disabilities in an effort made consciously to protect, protect and strengthen the rights of persons with disabilities.5 State involvement is also one of the characters of the phenomenon of conflict.6 Efforts that can be done on this are to bring the legal decision closer to the sense of justice lived by the community so that the implementation of the law further creates order in the community itself.7 More important is that it is currently one of the most efficient steps in trying to.8 Quoting as said by Fence M. Want in his Journal that the nature of justice is a matter of judgment from one person to others, which is generally seen from those who receive treatment Donald Albert Rumokoy, Frans Maramis, Pengantar ilmu hukum (Jakarta: RajaGrafindo Persada, 2014), 41. 2 Zeani Asyhadie, Arif Rahman, MUlifah, Pengantar hukum Indonesia (Jakarta: Rajawali Pers, 2015), 2. 3 Donald Albert Rumokoy,. Op. cit., 42 4 Wawan Muhwan Hariri,2012, Pengantar Ilmu Hukum (PIH), Bandung: CV. Pustaka Setia,Hlm 49-50. 5 Madja El Muhtaj. Diimensi-dimensi HAM mengurai Hak Ekonomi, social dan budaya. (Jakarta: Raja Grafindo Persada, 2008), 273 6 Yudha Chandra Arwana. “Jalur Mediasi dalam Penyelesaian Sengketa Pertanahan Sebagai Dorongan Pemenuhan Hak Asasi Manusia.” JALREV 1 (2) 2019, 216 7Ibrahim Ahmad. (2010). “Prinsip Keadilan Dalam Penyelesaian Sengketa Tanah Untuk Kepentingan Pembangunan.” Jurnal Legalilas 3 (2), 21 8Mohamad Rivaldi Moha. (July, 2020). Urgensi Pendаftаrаn Penyelenggаrа Sistem Elektronik Bаgi Pelаku Usaha E-Commerce. JALREV 2 (2), 115 1 https://ejurnal.ung.ac.id/index.php/eslaw/index Estudiente Law Journal Vol. 2 (1) 2020 103 only.9 The government through the law has given the starting point of justice, which is done for the sake of justice based on the Supreme Divinity. 10 to protect the fundamental rights or dignity and dignity of human beings, especially for seekers of justice.11 Indonesia has ratified the Convention On The Rights Of Persons with Disabilities (CRPD) is a convention on the rights of persons with disabilities as an international and national human rights instrument as an effort to respect, fulfill and protect the rights of persons with disabilities in Indonesia, contained in Law No. 8 of 2016 on persons with disabilities which describe 22 rights to be fulfilled and protected, one of which is justice and protection. The law is regulated from article 28 to article 39. Some of the rights regulated about persons with disabilities as defendants in the judicial process, one of which is contained in Paragraph (1) of law enforcement before examining persons with disabilities must seek consideration or advice from: a. doctors or other health workers regarding health conditions; b. psychologist or psychiatrist regarding psychiatric conditions; and/or c. social workers regarding psychosocial conditions" In Paragraph (2) in the case of considerations or suggestions as referred to in paragraph (1) it is not possible to be examined, then delays are carried out until a certain time.12 Based on Law No. 36 of 2000, the Gorontalo province was formed and administratively separated from North Sulawesi province on February 16, 2001. Gorontalo province is on the northern island of Sulawesi has one city and 5 districts namely Gorontalo city, Gorontalo Regency, Gorontalo Utara regency, boalemo regency, potato regency, and bone belong district with, area of 12,435 km. There is a province of Gorontalo police organization arranged in tiers starting from Gorontalo Police then divided for each district/city level area, namely; Gorontalo City Police for Gorontalo City area, Gorontalo Police for Gorontalo Regency are (...truncated)