Published date: May 26 2023

Journal Title: KnE Social Sciences

Issue title: International Conference on Advance & Scientific Innovation (ICASI)

Pages: 706–714

DOI: 10.18502/kss.v8i9.13384

Anang Zubaidyanangzubaidy@uii.ac.idDepartment of Constitutional Law, Universitas Islam Indonesia

Muhammad Addres AkmaluddinFaculy of Law, Universitas Islam Indonesia

Daffa Prangsi Rakisa Wijaya KusumaFaculy of Law, Universitas Islam Indonesia

This paper analyzed the weaknesses of the support system for people with mental disabilities in Article 433 of the Indonesian Civil Code. For persons with mental disabilities who are competent, all legal actions (mainly in the civil aspect) are performed by their guardians. This is contrary to the decision of the Constitutional Court of the Republic of Indonesia Number 135/PUU-XIII/2015 which allowed people with mental disabilities to be able to exercise their right to vote in general elections (Pemilu). Theoretically, everyone is guaranteed their constitutional right to get recognition, protection, fair legal certainty, and equal treatment before the law, and is free from discriminatory treatment, including for people with mental disabilities. This constitutional right cannot be fully implemented because of the amnesty system as referred to in Article 433 of the Indonesian Civil Code. This normative research examined the provisions of Article 433 of the Civil Code which is conceptually related to the Constitution’s guarantees for people with mental disabilities. The data was collected through secondary data from primary, secondary, and tertiary legal materials. The results found that with advances in treatment technology and support from the environment, people with mental disabilities could carry out their activities independently, especially those with episodic disorders. Therefore, there is an opportunity to adopt a system of substitute for forgiveness with a technique commonly known as supported decision-making in the Indonesian legal system. However, the implementation of supported decision-making must be based on adequate indicators and considerations.

Keywords: Persons with Mental Disabilities, Amnesty, Supportive Decision Making

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