According to Law No. 8 of 2016, a person with
a disability is anyone who encounters long-term
barriers to fully and productively interacting with
other citizens based on equal rights due to physical,
mental, intellectual, or sensory limitations. Law No.
8 of 2016's major components cover the various
categories of individuals with disabilities, their legal
rights, and how those rights are implemented in
terms of respect, protection, and fulfillment. The
passage of this legislation expands the opportunities
and rights available to those with disabilities.
Consider the rights to life, a respectable job, better
education, unrestricted access to public areas, and
other rights as a starting point.
Education, accessibility, freedom from stigma,
freedom from discrimination, neglect, and
exploitation, habilitation and rehabilitation, justice
and legal protection, health, social welfare rights,
employment rights, entrepreneurship and
cooperatives, disaster protection rights, and political
participation are among the 11 categories, 32, use
to group the rights of people with disabilities. Each
of these rights is fully listed and explained in Law
No. 8 of 2016.
The laws governing people with disabilities
manage the rights of individuals with disabilities in
their lives as citizens, taking into account current
policies. This demonstrates that enforcing the rights
of those with disabilities has a strong base and clear
indicator. Based on this law protecting them, it
should be feasible to achieve the rights of those with
disabilities in Indonesia. Thus, it can be concluded
that in practice, Indonesian governance should be
founded on the law on people with disabilities, be
inclusive and non-discriminatory, and be able to
meet all of society's rights, 32.
4.3 Policy Outcomes-Issues and Challenges
It is a global obligation for all countries to defend
the rights of those with disabilities. The United
Nations (UN) Resolution No. 61 of 2006, which
addressed the Convention on the Rights of Persons
with Disabilities (CRPD), has resulted in a paradigm
shift in how persons with disabilities are perceived.
More than ever, defending the rights of individuals
with disabilities entails defending human rights,
which also include the rights of citizens. Even
though 166 countries have ratified the CRPD, more
work has to be done to conform the country's
internal policies and regulations to the CRPD.
There is a striking disconnect between the vision set
out in the CRPD and the reality experienced by the
majority of persons with disabilities in the world,
33.
One of the rights that people with disabilities
are unable to exercise is the ability to work.
Although employment rates for people with
disabilities are sometimes more than 20 percentage
points lower than those for people without
impairments, according to estimates from the World
Health Organization (WHO) in 2011 15% of people
globally have a serious handicap. Additionally,
several studies have shown that people with
impairments still make much less money even after
accounting for variations in features, 34], [35],
[36. Individuals without impairments often earn
more money on average per hour and put in fewer
hours at work than Indonesians with severe
disabilities, while people with mild impairments
earn somewhat more money on average per hour
and put in fewer hours at work. This demonstrates
that the government still struggles to uphold the
rights of people with disabilities who demand that
they be treated equally with everyone else.
Along with the right to employment, additional
rights that the government works to preserve and
that remain unmet are the right to accessibility and
the right to education. The majority of Indonesians
who would benefit from accessibility aids or
assistive technology like glasses or hearing aids do
not have access to them. Despite having legal rights,
many disabled children drop out of school because
facilities are inaccessible, leaving them with
educational gaps that linger into adulthood. The UN
Convention on the Rights of Persons with
Disabilities (UNCRPD) was adopted by Indonesia
in 2011, however, its implementation has been
hampered by strict regional and national laws. These
rules legalize the incarceration of people with
disabilities without a trial and allow family
members to make decisions without the
handicapped person's agreement. They also prevent
persons who "have an illness that causes unrest in
the community" from appearing in public. The
Indonesian Government Regulation No. 43 of 1998
on Efforts to Improve the Social Welfare of the
Handicapped established a hiring quota for people
with disabilities, mandating that one out of every
100 employees have a disability, 38.
Additionally, regional restrictions control the
social assistance services that are available to
Indonesians with impairments. However, the fact is
that due to restrictions, difficulties, problems, and a
reduction in or elimination of their rights, the
majority of individuals with disabilities continue to
live in precarious, underdeveloped, and/or
disadvantaged situations. As a result of this urgent
problem, it is crucial to develop a setting that can
act as a platform for social rehabilitation to fully
WSEAS TRANSACTIONS on SYSTEMS
DOI: 10.37394/23202.2023.22.72
Praptining Sukowati, Sukardi Sukardi,
Vecky Nelwan, Durratun Nashihah