Perspektif Hukum terhadap Pelaku Kekerasan Seksual: Studi Kasus Agus Buntung

Abstract

Sexual violence is a serious crime that requires fair, comprehensive, and justice-oriented legal handling for all parties involved, including cases in which the perpetrator is a person with a disability. This phenomenon raises complex legal debates regarding the extent to which disability status may affect an individual’s criminal liability. This study aims to analyze the legal perspective on perpetrators with disabilities in cases of sexual violence using the case of Agus Buntung, which has received widespread public attention in Indonesia. This research employs a normative juridical method with a case study approach and an analysis of applicable laws and regulations, including Law Number 8 of 2016 concerning Persons with Disabilities and Law Number 12 of 2022 concerning Sexual Violence Crimes. The results of the study indicate that disability status does not automatically exempt a perpetrator from criminal liability; however, it may be taken into consideration by judges during the sentencing process in accordance with the principles of restorative justice and human rights. This study concludes that the Indonesian legal system needs to develop more specific and comprehensive regulations concerning the handling of perpetrators with disabilities in cases of sexual violence in order to ensure a balance between victim protection and the fulfillment of the rights of perpetrators as persons with disabilities.