Analisis Pembuktian Tindak Pidana Perkosaan Terhadap Perempuan Penyandang Disabilitas Ditinjau Dari Hukum Positif di Indonesia (Studi Putusan No. 121/Pid.B/2023/PN. Sbs)

Abstract

Women with disabilities are at a high risk of facing discriminatory treatment and becoming victims of crimes due to their physical limitations, which make them particularly vulnerable one such crime being rape. Therefore, it is essential to examine the legal regulation of rape under Indonesia’s positive law, the evidentiary process in cases of rape against women with disabilities under Indonesian law, and how such evidence was presented in court in Case Decision No. 121/Pid.B/2023/PN Sbs. This research is a normative legal study based on secondary data. Data collection was conducted through literature review, and the data were analyzed qualitatively. The regulation of rape under Indonesian positive law is found in the Indonesian Criminal Code (KUHP), Law Number 12 of 2022 concerning Sexual Violence Crimes, Law Number 8 of 2016 concerning Persons with Disabilities, and the Convention on the Rights of Persons with Disabilities. The evidentiary process in rape cases involving women with disabilities refers to the Indonesian Code of Criminal Procedure (KUHAP), using the negative wettelijke system of proof. This means that evidence must comply with the provisions of Article 184 paragraph (1) of the KUHAP. In the trial of the rape case involving a woman with disabilities in Decision No. 121/Pid.B/2023/PN Sbs, the evidence presented included the defendant’s testimony, the victim's testimony, and witness testimonies (including the victim’s parents and other witnesses). Supporting physiccal evidence included a Visum et Repertum (VeR) issued by the Sekura Public Health Center under the Sambas Regency Health Department, and a psychological assessment from Teluk Keramat Regional Hospital. Based on the evidence presented during the trial, the panel of judges concluded that the defendant’s actions fulfilled the elements of Article 6 letter b in conjunction with Article 15 paragraph (1) letter h of Law Number 12 of 2022 on Sexual Violence Crimes. As a result, the defendant was found guilty and sentenced to 8 (eight) years of imprisonment and a fine of IDR 100,000,000 (one hundred million rupiah), with a subsidiary penalty of 2 (two) months' imprisonment if the fine is not paid.