Analysis of Islamic criminal law on cases of sexual violence by persons with physical disabilities: Case Study of Mataram District Court Decision No. 23/PID.SUS/2025/PN MTR

Ramadhani, Zaskia Herlia and Sar'an, Mohamad and Royani, Yayan Muhammad (2025) Analysis of Islamic criminal law on cases of sexual violence by persons with physical disabilities: Case Study of Mataram District Court Decision No. 23/PID.SUS/2025/PN MTR. Journal of Social Research, 4 (12). pp. 3340-3348. ISSN E-ISSN: 2828-335x

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Abstract

Cases of sexual violence are crimes against humanity that not only physically injure the victim but also cause deep psychological trauma. However, the phenomenon that occurred in Mataram in 2024 shows a different condition, where people with physical disabilities are actually perpetrators of sexual violence. This situation gives rise to complex legal questions, particularly regarding the boundaries of criminal responsibility and the implementation of justice principles. This research aims to analyze the criminal liability of perpetrators with physical disabilities in cases of sexual violence based on the Mataram District Court Decision Number 23/Pid.Sus/2025/PN Mtr and review its relevance to the principles of Islamic criminal law. This study applies a normative juridical method using a case approach by examining primary legal sources such as the Qur’an, hadith, classical fiqh jinayah literature, and relevant statutory regulations such as Law Number 12 of 2022 concerning the Crime of Sexual Violence and Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study show that in positive law, perpetrators with physical disabilities can obtain mitigating considerations, as reflected in Decision Number 23/Pid.Sus/2025/PN Mtr which imposes a lighter sentence than the prosecutor's demands. From the perspective of Islamic criminal law, criminal responsibility is determined by the presence of reason (‘aql) and moral capacity (ahliyyah al-adā), rather than by physical condition. Therefore, people with physical disabilities who have common sense are still seen as full mukallaf who are obliged to account for their actions. Acts of sexual violence in this context are classified as jarimah ta'zīr syadidah (heavy ta'zir), the sanctions of which can be increased according to the level of social and moral damage caused. This research highlights the importance of applying the principles of substantive justice and public benefit when adjudicating cases involving perpetrators with disabilities, without removing the essence of criminal responsibility. These findings are expected to contribute to the development of inclusive and contextual Islamic criminal law on disability and sexual violence issues in Indonesia.

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