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Reframing Criminal Justice for Persons with Mental Disorders: A Pancasila-Based Legal Advocacy and Access to Justice Model

Indonesian Journal of Advocacy and Legal Services · Vol. 8 No. 2 (2026) · pp. 689–748

DOI
10.15294/ijals.v8i2.48888
ISSN
2686-2611, 2686-2085
Published
2026-11-07
Publisher
Universitas Negeri Semarang
Language
eng
License
creativecommons.org/licenses/by-nc-sa/4.0

Abstract

The processing of criminal cases of individuals with psychosocial disabilities, and in particular those diagnosed with paranoid schizophrenia, has raised several issues in Indonesia related to the law, ethics, mental health, and human rights. The criminal justice system must establish an individual’s criminal responsibility, while ensuring their dignity and protecting victims, and safeguarding of public. This study applies an empirical socio-legal approach to identify the gaps in legal advocacy, psychiatric assessment, and access to justice, rehabilitation, and victim protection. For this empirical research, qualitative data were collected in Surakarta and Semarang which are located in Central Java Province of Indonesia. It had been started from January to June 2025, involving 24 participants such as law enforcement and legal professionals, mental health professionals, family members, and social-service actors. Data were collected through semi-structured interviews, field observations, and document review, and were analysed thematically. The results show a dissonance between legal frameworks and the reality of institutional practices, especially in early psychiatric evaluation, inter-agency cooperation, and the continuity of rehabilitation, as well as the support of victims and their families. This study offers a legal advocacy and access to justice model grounded in the Pancasila which integrates legal services, psychiatric evaluation, rehabilitation, and victim protection, as well as the continued responsibility of the state, family, and community. This study contributes to Symbiotic Justice as a relational framework of analysis where justice is construed through the person with psychosocial disability, victim, family, and community, as well as the legal and medical fields and the state. The model seeks to harmonize legal certainty, substantive justice, and dignity with the balance of the rights of persons with disabilities, the public, and victims. Though based on Pancasila, this framework advances global discourse on disability justice, therapeutic jurisprudence, restorative justice, and access to justice.

Keywords

Collaboration network of the authors

40 authors · 89 co-authorship links · showing the 40 most connected

Hover or tap a name to highlight its co-authors. Double-click to open the author's page.

  • Universitas Handayani Makassar
  • Politeknik Pelayaran Surabaya
  • Universitas Pertamina
  • Sultan Agung Islamic University
  • Affiliation unknown
  • Different organisations
  • Same organisation
  • Affiliation unknown
  • Thicker line = more joint articles · bigger circle = more articles
Show as table
Co-authorOrganisationJoint articles
I Gusti Ayu Ketut Rachmi HandayaniAffiliation unknown3
Rehnalemken GintingAffiliation unknown2
Eva Yulia PuspaningrumUniversitas Handayani Makassar2
Sayyidah HumairahAffiliation unknown2
Diana LukitasariAffiliation unknown2
Abdul Razak Bin Abdul HadiAffiliation unknown1
Upik WidyaningsihAffiliation unknown1
Anjar PamungkasAffiliation unknown1
Ariyono SetiawanPoliteknik Pelayaran Surabaya1
Supanto SupantoAffiliation unknown1
SUPRIYANTO SUPRIYANTOAffiliation unknown1
Budi SetyantoAffiliation unknown1
Wahyu NugrohoAffiliation unknown1
Nabila Ayu UmariAffiliation unknown1
Subekti SubektiAffiliation unknown1
Dian Esti PratiwiAffiliation unknown1
Lego KarjokoAffiliation unknown1
Aji RahmadiAffiliation unknown1
Lies SulistianiAffiliation unknown1
CSA Teddy LesmanaAffiliation unknown1
Nella Sumika PutriAffiliation unknown1
Pujiyono SuwadiAffiliation unknown1
Novi Rizka PermatasariAffiliation unknown1
Mufidah MufidahAffiliation unknown1
Isharyanto IsharyantoAffiliation unknown1
Musa WardiAffiliation unknown1
Muhammad AbdillahUniversitas Pertamina1
Muhammad RustamajiAffiliation unknown1
Sulistiyanta SulistiyantaAffiliation unknown1
Rahmawati RahmawatiAffiliation unknown1
I Gede Susrama Mas DiyasaAffiliation unknown1
Pangestu Sandya Etniko SiagianAffiliation unknown1
Wan Suryani Wan AwangAffiliation unknown1
Arief MarwantoSultan Agung Islamic University1
Muhammad QomaruddinAffiliation unknown1
Riky Maulana FirdausAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/journals/ijals/oai, first harvested 8 Nov 2026, last seen 8 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Reframing Criminal Justice for Persons with Mental Disorders: A Pancasila-Based Legal Advocacy and Access to Justice Model</dc:title>
	<dc:creator xml:lang="en">Rahajo, Sri Budi</dc:creator>
	<dc:creator xml:lang="en">Hartiwiningsih, Hartiwiningsih</dc:creator>
	<dc:creator xml:lang="en">Ismunarno, Ismunarno</dc:creator>
	<dc:creator xml:lang="en">Dewi, Deshinta Arrova  </dc:creator>
	<dc:subject xml:lang="en">Socio-legal advocacy</dc:subject>
	<dc:subject xml:lang="en">Criminal justice</dc:subject>
	<dc:subject xml:lang="en">Paranoid schizophrenia</dc:subject>
	<dc:subject xml:lang="en">Pancasila justice</dc:subject>
	<dc:subject xml:lang="en">Discriminatory law</dc:subject>
	<dc:description xml:lang="en">The processing of criminal cases of individuals with psychosocial disabilities, and in particular those diagnosed with paranoid schizophrenia, has raised several issues in Indonesia related to the law, ethics, mental health, and human rights. The criminal justice system must establish an individual’s criminal responsibility, while ensuring their dignity and protecting victims, and safeguarding of public. This study applies an empirical socio-legal approach to identify the gaps in legal advocacy, psychiatric assessment, and access to justice, rehabilitation, and victim protection. For this empirical research, qualitative data were collected in Surakarta and Semarang which are located in Central Java Province of Indonesia. It had been started from January to June 2025, involving 24 participants such as law enforcement and legal professionals, mental health professionals, family members, and social-service actors. Data were collected through semi-structured interviews, field observations, and document review, and were analysed thematically. The results show a dissonance between legal frameworks and the reality of institutional practices, especially in early psychiatric evaluation, inter-agency cooperation, and the continuity of rehabilitation, as well as the support of victims and their families. This study offers a legal advocacy and access to justice model grounded in the Pancasila which integrates legal services, psychiatric evaluation, rehabilitation, and victim protection, as well as the continued responsibility of the state, family, and community. This study contributes to Symbiotic Justice as a relational framework of analysis where justice is construed through the person with psychosocial disability, victim, family, and community, as well as the legal and medical fields and the state. The model seeks to harmonize legal certainty, substantive justice, and dignity with the balance of the rights of persons with disabilities, the public, and victims. Though based on Pancasila, this framework advances global discourse on disability justice, therapeutic jurisprudence, restorative justice, and access to justice.</dc:description>
	<dc:publisher xml:lang="en">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2026-11-07</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.unnes.ac.id/journals/ijals/article/view/48888</dc:identifier>
	<dc:identifier>10.15294/ijals.v8i2.48888</dc:identifier>
	<dc:source xml:lang="en">Indonesian Journal of Advocacy and Legal Services; Vol. 8 No. 2 (2026): September 2026 (In Press); 689-748</dc:source>
	<dc:source>2686-2611</dc:source>
	<dc:source>2686-2085</dc:source>
	<dc:source>10.15294/ijals.v8i2</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/journals/ijals/article/view/48888/12181</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2026 Sri Budi Rahajo, Hartiwiningsih Hartiwiningsih, Ismunarno Ismunarno, Deshinta Arrova   Dewi (Author)</dc:rights>
	<dc:rights xml:lang="en">https://creativecommons.org/licenses/by-nc-sa/4.0</dc:rights>
</oai_dc:dc>