PERLINDUNGAN HUKUM TERHADAP TUNAGRAHITA SEBAGAI KORBAN TINDAK KEKERASAN SEKSUAL DALAM PROSES PERADILAN PIDANA

Mental Retardation used for those who have the intellectual abilities under the average of the limited ability of intelligence and lack of conversation in social interaction that resulted in a lot of mental retardation become victims of sexual violence due to mental weakness suffered by mental retardation. Besides mental retardation also be a victim when their experience of sexual violence must be processed in the criminal system. This research use empirical normative method with the primary and secondary data. The primary data collected by using direct observation and interviews with sources. The secondary data obtained through a literature study. The results showed that the effort given by law enforcement officials to mental retardation the victims of sexual violence have not been able to provide adequate protection for mental retardation as vulnerable groups before the law. In addition, protective efforts that undertaken by law enforcement agencies are by constraints such as lack of human resources who have the perspective of victims, especially for mental retardation, making the country is very necessary to immediately revise law No 4 Tahun 1997 on Person with Disabilities in accordance with the Convention The Rights of Persons with Disabilities which has been signed by the Government of Indonesia as a form of Humanitarian protection for the fate of person with disabilities