T The elements of the criminal offense committed by the perpetrator of the kidnapping of a mentally disabled victim in the city of medan were declared by the judge to fall under article 338 of the indonesian criminal code (kuhp), despite other acts committed by the perpetrator that were not taken into consideration by the judge. this study is based on decision number 1703/pid/2023/pt.mdn and focuses on two main issues: whether the criminal elements of the kidnapping of a mentally disabled victim are in accordance with article 338 of the kuhp, and what form of joinder of offenses is present in decision number 1703/pid/2023/pt.mdn. the research method used is normative juridical with a descriptive-analytical approach, using secondary data such as laws and regulations, legal doctrines, and court decisions, as well as primary data obtained through interviews with the presiding judge. the conclusion states that the criminal elements in this case do not fall under article 338 of the kuhp, but rather fulfill the elements of article 333 paragraph (1) of the kuhp in conjunction with article 285 of the kuhp, in conjunction with article 351 paragraph (1) of the kuhp, and article 351 paragraph (3) of the kuhp, as the perpetrator committed kidnapping, rape, and assault resulting in death. the form of joinder of offenses committed by the perpetrator is classified as a continuing offense.