LEGAL PROTECTION AND RIGHTS TO REHABILITATION FOR MENTALLY DISORDERED PATIENTS IN THE CRIMINAL JUSTICE SYSTEM R. Windi Rachmawati Kusumah
Faculty of Law, Islamic University of Bandung ( UNISBA )
Doctoral Program in Law (Ph.D. in Law)
E-mail:windikusumah[at]ymail.com
Abstract
Abstract
Introduction: The intersection of mental health and criminal law in Indonesia presents persistent challenges in ensuring legal protection and rehabilitation for individuals with mental disorders. Although Article 44 of the Indonesian Penal Code (KUHP) exempts such individuals from criminal liability when deemed legally incapacitated, implementation remains inconsistent, often leading to rights violations.Methods: This study employs a normative juridical approach, analyzing primary legal sources-including the Criminal Code, Law No. 18 of 2014 on Mental Health, and Law No. 8 of 2016 on Persons with Disabilities-alongside court decisions, legal scholarship, and human rights reports. The analysis compares normative provisions with practical application, framed within restorative justice principles.Results: Findings reveal systemic weaknesses: absence of standardized forensic psychiatric protocols, inadequate early mental health screening, shortage of rehabilitation infrastructure, and poor coordination between justice and mental health institutions. These deficiencies perpetuate stigma, undermine due process, and hinder recovery outcomes for offenders with mental disorders.Discussion: The research underscores the urgent need for comprehensive reform, including clear implementing regulations for Article 44 KUHP, mandatory psychiatric assessments at all procedural stages, expansion of forensic mental health services, and cross-sectoral coordination mechanisms.Conclusion: This study contributes policy recommendations to ensure humane, rights-based treatment for mentally disordered offenders. Aligning national practice with restorative justice values and international human rights standards is essential for an inclusive and equitable criminal justice system in Indonesia.
