p–ISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol. 5, No. 8 August 2024 http://jist.publikasiindonesia.id/
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3140
The urgency of victim witness testimony as valid evidence
from persons with disabilities is associated with Law Number
12 of 2022 concerning the Crime of Sexual Violence
Debora Sinaga
1*
, Elis Rusmiati
2
, Agus Takariawan
3
Universitas Padjadjaran, Indonesia
Email:
1*
2
,
3
*Correspondence
ABSTRACT
Keywords: witness
statements; sexual violence;
proof; people with
disabilities; sexual violence
crime law.
Persons with disabilities often receive discriminatory
treatment, due to their physical and/or mental limitations.
The Criminal Procedure Code regulates that people with
disabilities can give statements without being under oath and
these provisions have reduced the rights of persons with
disabilities to obtain their justice rights. The Sexual Violence
Crime Law regulates where the statements of witnesses
and/or victims of people with disabilities can be under oath.
The approach method used in this research is a normative
juridical approach that is based on formal regulations, as
well as secondary data obtained from library materials in the
form of scientific writings and other written sources. This
research will illustrate the importance and the implication of
the testimony of witnesses and/or victims with disabilities
having the same legal force as the statements of witnesses
and/or victims without disabilities where the testimony must
be followed by the implementation of a personal assessment.
Introduction
The 1945 Constitution of the Republic of Indonesia (1945 Constitution) aims to
protect the entire nation of Indonesia, which means Indonesia, in this case, the
Government is obliged to protect all people regardless of the group, tribe, or situation of
the society itself (Alfanada, Hidayat, & Saipudin, 2023). As Article 28 D paragraph (1)
of the 1945 Constitution states "Everyone has the right to fair legal recognition, guarantee,
protection, and certainty as well as equal treatment before the law".
Persons with disabilities as part of Indonesian society also have the right to
recognition, guarantee, protection and legal certainty that fair and equal treatment before
the law (Mangiwa & Gultom, 2022). Article 1 number 1 of Law Number 8 of 2016
concerning Persons with Disabilities, it is explained that persons with disabilities are any
person who experiences physical, intellectual, mental and/or sensory limitations for a
long period, where when interacting with the environment can experience obstacles and
difficulties to participate fully and effectively with other citizens based on equal rights
Debora Sinaga, Elis Rusmiati, Agus Takariawan
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3141
(Novianti & Fadila, 2023). Through this understanding, we can see the variety of
disabilities including people with physical disabilities, people with intellectual
disabilities, people with mental disabilities; and/or persons with sensory disabilities
(Kadoen Mt, 2020). The variety of disabilities can be experienced in single, multiple or
multiple over a long period and must be determined by medical personnel by the
provisions of laws and regulations (Ni’mah & Rusdiana, 2022).
Persons with disabilities have the right to all rights stipulated in laws and
regulations, for example in Article 28G paragraph (2) of the 1945 Constitution which
states that "everyone has the right to be free from torture or treatment that degrades the
degree of human dignity and has the right to obtain political asylum from other countries",
or Law Number 39 of 1999 concerning Human Rights Article 33 which stipulates that
"everyone has the right to be free from torture, punishment or treatment that is cruel,
inhuman, degrading to the dignity and dignity of humanity" (Nova & Elda, 2022).
In reality, people with disabilities often receive discriminatory treatment, degrading
their humanity due to their physical, intellectual and/or mental limitations (Nasir &
Jayadi, 2021). The 2023 Komnas Perempuan Annual Report states that women with
disabilities have a greater vulnerability to becoming victims of sexual violence compared
to women who are not disabled (MAHULAE, 2023). This is because people with
disabilities have physical and/or mental limitations that make it difficult for people with
disabilities to defend themselves (Wahyudi, 2021). For example, people with intellectual
and/or mental disabilities who have limitations in understanding or classifying the actions
that have been taken against them or people with physical disabilities who have difficulty
performing acts of self-defence (Pawestri, 2017).
Discriminatory treatment, degrading the degree and dignity of humanity for persons
with disabilities does not only come from physical and/or mental limitations but can come
from a lack of understanding and awareness of the community, the government, law
enforcement officials and even the law itself about the situation of persons with
disabilities (Nurhayati, 2016). People with disabilities still often receive discrimination
and negative stereotypes that are not only carried out by perpetrators, communities,
families, and even law enforcement officials. Negative stereotypes by law enforcement
officials of victims, such as of people with disabilities who cannot provide information
clearly, in order, and so on, can hinder the protection and access of victims to obtain
justice both in the reporting stage and in court decisions (Nopiah & Islami, 2022).
Discrimination against people with disabilities gives an idea of the ineffectiveness
of law enforcement. The ineffectiveness can be influenced by three factors, namely due
to the substance, structure and culture of the law, where the three factors also include
regulations or legal rules, law enforcement, facilities and infrastructure, communities of
legal jurisdiction and legal culture. One example is the Criminal Procedure Code
(KUHAP) a rule that regulates that persons with disabilities can give their statements
without being under oath so that the testimony of a disability witness is considered unable
to describe the real situation. This is because witnesses regulated in the Criminal
Procedure Code are people who see, hear and/or experience themselves.
The urgency of victim witness testimony as valid evidence from persons with disabilities is
associated with Law Number 12 of 2022 concerning the Crime of Sexual Violence
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3142
This provision is felt to have reduced the right of persons with disabilities to get
their right to justice, for example, deaf persons with disabilities cannot hear a criminal
event but can see the event that occurred. Or people with intellectual disabilities whose
circumstances are generalized, because there are intellectual disabilities that are still in
the mild category so that they can still be aware of the situation and provide good
information. The information of persons with disabilities is not sworn because it is
considered incompetent, whereas the information provided by persons with disabilities is
considered not as strong as the testimony of witnesses who are not disabled. The
vulnerability of people with disabilities to become victims of criminal acts makes
information from people with disabilities very important. These discriminatory actions
can cause the criminal justice process to be hampered.
Articles 12 and 13 of the Convention on the Rights of Persons with Disabilities
(CRPD) have stipulated that the state must ensure that persons with disabilities shall have
equal opportunities and treatment in the justice system so that persons with disabilities
can provide full participation in the judicial process. In this case, the state must also
provide training to its Law Enforcement Officers to understand and have a perspective on
people with disabilities.
As in the case of a 25-year-old woman with a disability in Solok who was a victim
of Rajapaksa. The victim had been harassed and then raped 3 times near the grave by the
victim's neighbours. The victim's family, who was accompanied by LBH Padang, has
reported the case to the police. The victim has also conducted a visum confirming the
existence of signs of sexual violence against the victim even though the forensic team still
does not believe that the act was carried out by the perpetrator. The settlement of this case
has an obstacle, namely the police do not seem to have an understanding or perspective
towards people with disabilities. The Police did not understand the condition of the
visually impaired victim, and there was still an assumption that the victim was an adult
even though the victim was intellectually immature. The Police still use Article 256 of
the Criminal Code (KUHP) and do not mention the Sexual Violence Crime Law even
though the TPKS Law is felt to be able to provide justice to victims of sexual violence
and is clearer in regulating people with disabilities. The police also asked witnesses who
were present at the time of the incident or witnesses who saw the victim leave with the
perpetrator, while there were no witnesses at the time of the incident, there were only
witnesses who listened to the victim's statement for the first time.
The case shows the importance of witness statements from people with disabilities
considering the vulnerability of people with disabilities to being victims of sexual
violence and the possibility that there were no witnesses present at the time of the
incident, where the crime of sexual violence is often carried out in a closed, quiet place
and/or in the absence of other people. In this case, it can also be seen that Law
Enforcement Officers (APH) still use the Criminal Code (KUHP) and the Criminal
Procedure Code (KUHAP) to resolve the Crime of Sexual Violence even though there is
Debora Sinaga, Elis Rusmiati, Agus Takariawan
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3143
already a Law on the Crime of Sexual Violence which more specifically regulates the
rights of victims and the handling of cases of persons with disabilities.
The Criminal Code is considered unable to fulfil the rights of victims and the
Criminal Code is still oriented towards protecting the rights of suspects and defendants.
In terms of the crime of sexual violence, Article 184 of the Criminal Code is often an
obstacle in resolving cases due to the victim's report being rejected because there is not
enough evidence, especially if the victim is disabled. The low knowledge and perspective
of law enforcement officials are also a factor that hinders the effectiveness of law
enforcement. The provisions in the Criminal Procedure Code are also considered to be
unable to accommodate the obstacles and interests of persons with disabilities, including
in the case of persons with disabilities as witnesses. Where the provisions in the Criminal
Procedure Code are used as a reason to reject the testimony of witnesses and/or victims
with sensory disabilities because they are considered unable to see or hear the criminal
event directly.
The Law on the Crime of Sexual Violence itself has stipulated in Article 25
paragraph (4) that "the testimony of witnesses and/or victims with disabilities has the
same legal force as the testimony of witnesses and/or victims who are not persons with
disabilities". This provision is a breath of fresh air in the protection and settlement of
criminal justice for persons with disabilities. Then this writing will describe the urgency
and implications of regulating the statements of witnesses and/or victims with disabilities
who have the same legal force as the statements of witnesses and/or victims who are not
persons with disabilities according to the Sexual Violence Crime Law.
Research Methods
The approach method used in this study is a normative juridical approach method,
which is an approach that is carried out based on juridical materials in the form of laws
and regulations and literature that is a theoretical concept, which will be carried out by
analyzing theories, concepts, legal principles as well which are then connected to the
problems that are the subject of discussion. This method is also based on secondary data
research, namely data obtained from library materials in the form of scientific writings
and other written sources.
The writing of the research is descriptive analysis which aims to explain, elaborate,
and provide a detailed description of the topic being researched. The materials used in
this study come from secondary data sources, namely: Primary legal materials which are
the main sources of mandatory binding legal materials, including basic norms, namely
the 1945 Constitution, Law Number 12 of 2022 concerning the Crime of Sexual Violence,
the Criminal Procedure Code and Law Number 8 of 2016 concerning Persons with
Disabilities. Secondary legal materials are also used as an explanation of primary legal
materials that include documents, scientific books or scientific papers, as well as articles
from the internet or print media related to this research. Tertiary legal materials are also
used as an additional description of primary legal materials and secondary legal materials
The urgency of victim witness testimony as valid evidence from persons with disabilities is
associated with Law Number 12 of 2022 concerning the Crime of Sexual Violence
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3144
such as general dictionaries, legal dictionaries, national and international legal
encyclopedias or relevant electronic media.
Results and Discussion
Witness and/or Victim Statements
Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006
concerning the Protection of Witnesses and Victims Article 1 number 1 explains that a
witness is a person who can provide information for investigation, investigation,
prosecution and examination in court regarding a criminal case that he hears himself, sees
himself, and/or experiences himself. Meanwhile, in number 2, it is explained that the
victim is someone who experiences physical, mental, and/or economic suffering caused
by a criminal act. In a criminal act, there is also a victim witness, namely a victim of a
criminal act who is a witness where he or she has experienced the act or consequences of
the criminal act himself.
The Witness Statement is included in one of the 5 (five) valid evidence by Article
184 paragraph (1) of the Criminal Code. Witnesses as evidence have an important role in
the evidentiary process in criminal justice considering that they can provide information
and facts for investigation, prosecution and justice through what they hear, see and
experience themselves in a criminal act. Because witnesses hear, see and/or experience
themselves, of course, it is expected that witnesses can provide information that can
explain the crime and provide the real truth. Evidence in criminal cases is usually highly
dependent on witness statements, where even though there is other evidence, witness
statements are still the greatest opportunity to find out the occurrence of a criminal act.
The Criminal Procedure Code does not regulate the legal obligation of a witness to
report himself or herself as a witness, but in Article 108 of the Criminal Procedure Code,
it is explained that a witness has the right to submit a report or complaint either orally or
in writing to the investigator and/or investigator. In Article 112 of the Criminal Code, it
is also explained that a person who is summoned by an investigator must come and give
his statement, whereas in Article 224 it is regulated sanctions if a witness called by an
investigator does not fulfil his obligations. So it can be said that a person has no obligation
to be a witness unless called by an investigator.
However, as evidence, witness testimony must be supported by at least one other
piece of evidence to be considered to be able to prove that there is an error that must be
accounted for by the defendant so that one witness is not enough to prove the defendant's
guilt or commonly known as Unus Testis Nullus Testis (one witness is not a witness).
The supporting evidence of the witness statement can also be in the form of different
witness statements. In his consideration, the judge will pay attention to the conformity
between the testimony of one witness and the testimony of another witness, or with other
valid evidence. The judge is also free to assess the witness's testimony according to his
beliefs so that in principle the power of proof of the witness is not binding but free.
Sexual Violence Crime
Debora Sinaga, Elis Rusmiati, Agus Takariawan
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3145
Sexual violence is various acts of violence and/or treatment that degrade human
dignity, are contrary to moral values and norms and disrupt public security and
tranquillity. Sexual violence is a form of crime that is increasingly rampant and can occur
anywhere, to anyone, whether women, men, children, parents or even people with
disabilities. Sexual violence crimes are often described as an iceberg phenomenon, where
criminal acts that come to the surface are very small compared to criminal cases that are
not processed by law.
Sexual violence is often considered a violation of morality, even though the impact
of the crime is very detrimental both physically, materially and mentally to the victim.
The majority of victims of sexual violence come from vulnerable groups such as women,
children and people with disabilities. This is certainly based on the people of Indonesia,
most of whom are still in a patriarchal paradigm.
Law Number 12 of 2022 concerning the Crime of Sexual Violence is a breath of
fresh air for the protection of sexual violence crimes which previously only relied on the
Criminal Procedure Code which was felt to have not accommodated the protection of
victims of sexual violence. Before the existence of the Sexual Violence Crime Law,
several laws and regulations regulated sexual violence, but these various laws and
regulations were felt to have not been able to fulfil the rights of victims and have not been
able to answer the issues of sexual violence that are increasingly developing in society.
The Criminal Procedure Code also does not specifically regulate the handling of
sexual violence crimes in criminal justice proceedings, which causes victims of sexual
violence crimes to experience secondary victimization, as the handling and protection of
victims of sexual crimes cannot be equated with victims of other crimes.
In the TPKS Law, it is explained that the crime of sexual violence is any act or act
that meets the elements of a criminal act regulated in the TPKS Law and other acts of
violence regulated in the law, as long as it is specified in the TPKS Law. These criminal
acts are categorized into 9 (nine) types, namely physical and non-physical sexual
harassment; forced contraception and/or sterilization; forced marriage; sexual torture;
sexual exploitation; sexual slavery; and electronic-based sexual violence.
The TPKS Law also provides for exceptions regarding the principle of Unus Testis
Nullus Testis as stated in Article 25 paragraph (1) that the testimony of witnesses and/or
victims is sufficient to prove that the defendant is guilty if accompanied by 1 (one) other
valid evidence and the judge has obtained confidence that a criminal act has occurred and
the defendant is guilty of the act. The TPKS Law also stipulates that the testimony of a
witness in a case of sexual violence can be in the form of a person who does not hear
himself, does not see himself and/or does not experience himself, as long as the person's
testimony is related to the criminal act.
The TPKS Law has also accommodated the protection of people with disabilities
more specifically, such as the exception of complaints in cases of non-physical
harassment and the imposition of penalties of one-third of the crime on perpetrators whose
victims are persons with disabilities. Also, if a person with a disability becomes a witness
and/or victim, it has the same legal force as the testimony of a witness and/or victim who
The urgency of victim witness testimony as valid evidence from persons with disabilities is
associated with Law Number 12 of 2022 concerning the Crime of Sexual Violence
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3146
is not a person with a disability. The Urgency of Regulating the Testimony of Witnesses
and/or Victims with Disabilities Has the Same Legal Force as the Testimony of Witnesses
and/or Victims of Non-Persons with Disabilities in the Law on the Crime of Sexual
Violence.
The state has protected people with disabilities through the Law on Persons with
Disabilities. The Law on Persons with Disabilities has also regulated the right of persons
with disabilities to obtain equality in treatment before the law, recognition as a subject in
law, and the provision of accessibility in judicial services. However, in reality, people
with disabilities still get a lot of discrimination not only by the community but also by
law enforcement officials. There are still many cases where reports of people with
disabilities to the police are rejected for various reasons. One of them is because the proof
of criminal acts is hampered by information that is subject to restrictions where people
with disabilities are considered legally incompetent.
This restriction means that if a person with a disability provides information in the
examination process at a criminal trial, the information provided is considered not strong
enough to be a reference in finding the real facts or truth and is used as evidence such as
the testimony of witnesses of people who are not persons with disabilities. This is
certainly a factor that hinders, especially people with disabilities, including those who are
vulnerable to becoming victims of sexual violence. The limitations that they have make
it difficult for people with disabilities to defend themselves. People with physical
disabilities will find it difficult to take action to defend themselves due to mobility
barriers, and people with intellectual and/or mental disabilities who are victims are likely
not to understand that the perpetrator's actions have a detrimental impact on them.
The testimony of witnesses and/or victims with disabilities can be the most
necessary source of facts considering the crime of sexual violence, usually carried out in
a closed place that results in the absence of witnesses other than the victim or in the case
of non-physical sexual harassment, which cannot be proven by evidence and only relies
on information from witnesses and/or victims. Therefore, the provisions regarding the
testimony of witnesses and/or victims with disabilities so that they have the same legal
force as the statements of witnesses and/or victims who are not persons with disabilities
regulated in the Law on Sexual Violence Crimes are very important. This provision
provides a guarantee of the right of persons with disabilities to be treated equally before
the law as well as strictly regulated in the Law on Persons with Disabilities.
If the testimony of the witness and/or victim of the person with disabilities has the
same legal force as the non-disabled one, then the testimony of the person with the
disability can be used as valid evidence that cannot be ignored in the judge's consideration
in giving a decision on the case. On the other hand, the testimony of witnesses and/or
victims with disabilities who are not under oath will not be binding on the judge and will
only be in the form of instructions. This will also cause difficulties in terms of proving
the crime of sexual violence as the characteristics of this crime are usually carried out in
a closed or hidden manner and seem to generalize the situation of people with disabilities.
Debora Sinaga, Elis Rusmiati, Agus Takariawan
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3147
For example, in the case of people with intellectual disabilities who have various levels
of disability from mild to severe, so that at the low-level people with disabilities can still
provide true information.
The power of proof of clue evidence can be considered by the judge if the clue is
consistent with other evidence. However, in the crime of sexual violence which often has
no other witnesses and has the possibility of not having evidence other than witnesses,
the power of proof of the testimony of witnesses and/or victims of persons with
disabilities is very necessary to obtain material truth. In this case, of course, the assistance
of experts or companions with disabilities is needed in helping and preventing people
with disabilities from being criminalized related to information under oath that they give.
Implications of Regulating the Testimony of Witnesses and/or Victims with
Disabilities Has the Same Legal Force as the Testimony of Witnesses and/or Victims
Not Persons with Disabilities in the Law on Sexual Violence
The arrangement of witness and/or victim statements with disabilities that have the
same legal force as witnesses and/or victims who are not persons with disabilities is
indeed very necessary to ensure their rights and provide justice for persons with
disabilities. However, this equitable distribution can result in criminalization for
witnesses and/or victims with disabilities themselves. Article 174 of the Criminal Code
stipulates that "if the testimony of a witness at a court hearing is suspected to be false,
then the presiding judge gives a serious warning to him and if after that the witness still
sticks to his statement, then he is then made a case with the charge of perjury mentioned
in Article 242 of the Criminal Code", as for the content of Article 242 of the Criminal
Code (1) and (2), namely that.
1. Whoever in circumstances where the law determines to give information on oath or to
have legal consequences for such information, deliberately gives false information
under oath, either orally or in writing, personally or by his attorney specially appointed
for that purpose, shall be threatened with imprisonment for a maximum of 7 years.
2. If the false information above the oath is given in a criminal case and harms the
defendant or suspect, the guilty person is threatened with imprisonment for a
maximum of 9 years.
This criminalization can occur because each person with a disability has different
limitations. Such as people with intellectual and/or mental disabilities who have
difficulties in their intellectual and/or mental age, so there is a possibility that they cannot
give a response or response according to reality. Meanwhile, if the testimony of witnesses
and/or victims with disabilities is under oath, the information will have a legal liability
value that can be sanctioned if it turns out to be false.
The judge has the authority to determine whether the testimony of witnesses and/or
victims with disabilities can be considered legally capable or incompetent but must go
through the results or testimony from experts such as doctors, psychologists and so on. A
judge cannot decide whether a person is legally incompetent based solely on the
limitations seen in the witness and/or victim. For this reason, in handling criminal cases
involving people with disabilities, a Personal Assessment will be required. Article 25
The urgency of victim witness testimony as valid evidence from persons with disabilities is
associated with Law Number 12 of 2022 concerning the Crime of Sexual Violence
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3148
paragraph (5) of the Sexual Violence Crime Law also stipulates that the testimony of
witnesses and/or victims must be supported by personal assessments as stipulated in the
laws and regulations regarding appropriate accommodation for persons with disabilities
in the judicial process.
Personal Assessment is an effort to assess the variety, level, barriers and needs of
persons with disabilities, which is carried out both medically and psychologically to
determine appropriate accommodation. This personal assessment is very important
considering that people with disabilities have different types and levels, which will then
require different accommodations and accessibility. Article 33 paragraph (2) and Article
32 of the Law on Persons with Disabilities stipulates that the judge must ask for evidence
and testimony from doctors and psychologists to be able to determine whether the
testimony of witnesses and/or victims can be declared legally capable or incompetent.
In examining and adjudicating cases involving persons with disabilities, it is
necessary to involve disability companions or experts, especially in persons with
intellectual and/or mental disabilities who cannot be known by looking at their physical
appearance and have many varieties and levels. This is because many Law Enforcement
Officers are still not trained to handle cases or problems involving psychological and/or
psychosocial, and can determine infrastructure facilities or other accommodations needed
by people with disabilities. The presence of a companion or expert will also prevent
miscarriage of justice, including in terms of determining the intellectual and/or mental
age of people with intellectual and/or mental disabilities.
The presence of a disability companion or expert can also help to identify whether
the victim has the freedom to respond in the form of action or is indeed under the
consequences of his disability/limitation. Things like this are what are needed to prove in
the examination at trial. By also holding a personal assessment, law enforcement officials
can prepare the accommodations and accessibility needed.
Therefore, the provisions for the testimony of witnesses and/or victims with
disabilities have the same legal force as witnesses and/or victims who are not persons
with disabilities as contained in Article 25 paragraph (4) of the TPKS Law, cannot stand
alone. This article must go hand in hand with Article 25 paragraph (5) which requires the
implementation of a personal assessment to see the impact that will or has been
experienced by witnesses and/or victims in the crime of sexual violence. By holding a
personal assessment, people with disabilities can be given appropriate accommodations
such as companions or other infrastructure, so that the information provided can be
conveyed truthfully. This provision is also expected to be the beginning for other laws
and regulations, including the Draft Criminal Procedure Code, to guarantee the right to
equal treatment, namely in this case the right of persons with disabilities to provide their
statements with the same evidentiary power as those who are not persons with disabilities.
Debora Sinaga, Elis Rusmiati, Agus Takariawan
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3149
Conclusion
The Criminal Procedure Code (KUHAP) stipulates that persons with disabilities
can give their statements without being under oath. This provision is felt to have reduced
the right of people with disabilities to get their right to justice. Especially in terms of
sexual violence where women with disabilities are more vulnerable to becoming victims
of sexual violence compared to women who are not disabled. The Law on the Crime of
Sexual Violence is a breath of fresh air in the protection and settlement of criminal cases
involving persons with disabilities, where Article 25 paragraph (4) stipulates that "the
testimony of witnesses and/or victims of persons with disabilities has the same legal force
as the testimony of witnesses and/or victims who are not persons with disabilities".
If the testimony of the witness and/or victim with a disability has the same legal
force as the testimony of the witness and/or the victim who is not a person with a
disability, the testimony of the person with a disability can be used as valid evidence that
cannot be ignored in the judge's consideration in deciding the case. This will minimize
difficulties in terms of proving the crime of sexual violence as the characteristics of the
crime of sexual violence are usually carried out behind closed doors or in secret so that
there are no other witnesses and there is a possibility that there is no evidence other than
witnesses. On the other hand, the same legal force can result in criminalization for
witnesses and/or victims of disabilities themselves. Therefore, the testimony of witnesses
and/or victims of persons with disabilities must be followed by the implementation of
personal assessments so that persons with disabilities can be given appropriate
accommodations such as companions or other infrastructure, so that the information
provided can be conveyed truthfully.
The need for provisions that can accommodate the protection and perspective of
persons with disabilities, especially in the crime of sexual violence, including the hope
that the Draft Criminal Procedure Code, can guarantee the right to equal treatment, in this
case, the right of persons with disabilities to provide their statements with the same
evidentiary power as those who are not persons with disabilities. Law Enforcement
Officers (APH) must also be given understanding and perspectives to persons with
disabilities to prevent criminalization and/or secondary victimization. Also, Law Number
12 of 2022 concerning the Crime of Sexual Violence must be re-socialized, so that law
enforcement officials can move away from the old provisions that have not been able to
fulfil the rights of victims and protect people with disabilities.
The urgency of victim witness testimony as valid evidence from persons with disabilities is
associated with Law Number 12 of 2022 concerning the Crime of Sexual Violence
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 8, August 2024 3150
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