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All Journal Journal Hukum Khaira Ummah
Syaifur Rohman
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Law, Crime, Criminology & Criminal Justice

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INCLUSIVE JUDICIAL PROCESS MECHANISM FOR PERSONS WITH DISABILITIES AT THE STATE COURT OF WONOSOBO DISTRICT Syaifur Rohman
Jurnal Hukum Khaira Ummah Vol 16, No 4 (2021): December 2021
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

This study aims to identify and analyze the criminal justice process for criminals with mental disorders in the Wonosobo District Court Decision. The results showed that the perpetrators with mental disorders were proven legally and convincingly to commit the crime of sexual harassment, but due to the limited evidence and the role of psychiatrists, the judicial process became ambiguous and the judicial decision stated that the defendant's behavior did not meet the elements of responsibility, so that according to science criminal law the defendant cannot be held responsible for some. However, the attorney and the victim stated that the defendant has the ability to be held criminally responsible because Article 44 of the Criminal Code does not regulate the state of being unable to be partially responsible.Keywords: Judicial Process, sexual harassment, psychiatrist (psychologist).
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