Protection of Persons with Disabilities in a Comparative Legal Context

Legal protection for persons with disabilities in the criminal justice system is a fundamental aspect of human rights-based legal development. This study aims to conduct a comparative analysis of the forms of legal protection for persons with disabilities in Indonesia, Canada, and Germany. Through a normative legal approach and literature review, this study found that although Indonesia has ratified the Convention on the Rights of Persons with Disabilities (CRPD) and issued national regulations such as Law No. 8 of 2016, its implementation still faces various structural and cultural obstacles. Meanwhile, Canada has established a special court system (mental health courts) based on the principle of restorative justice, and Germany applies an individual justice approach that emphasizes a comprehensive assessment of the legal capacity of defendants. The results of the study show that the success of legal protection for persons with disabilities depends heavily on three key elements: a progressive legal framework, inclusive institutional support, and the capacity of law enforcement officials. Indonesia needs to immediately undertake technical and structural reforms to ensure substantive justice for persons with disabilities in all stages of the criminal justice process.