CRPD
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Laporan
(Pasal 9 ) Aksesibilitas
(Pasal 9 ) Aksesibilitas
List of Issue
Mohon berikan informasi mengenai:
Bagaimana aksesibilitas bagi penyandang disabilitas dinilai di seluruh provinsi, termasuk sehubungan dengan lingkungan fisik, transportasi, informasi dan komunikasi, serta fasilitas dan layanan lain yang terbuka atau disediakan untuk umum, dan apakah masing-masing pemerintah memantau dan secara teratur mengevaluasi kepatuhan;
Kemajuan yang telah dicapai mengenai aksesibilitas lingkungan binaan, termasuk fasilitas publik, bagi semua penyandang disabilitas, termasuk penyandang disabilitas rungu, penyandang disabilitas netra, dan penyandang disabilitas intelektual atau psikososial, melalui implementasi penuh Keputusan Menteri No. 14/PRT/M/2017 tentang Persyaratan Pendirian Bangunan, Undang-Undang No. 8 (2016) dan Piagam Jaringan Wali Kota Indonesia Menuju Kota Inklusif.
Laporan Alternatif
DPOs Coalition Report (OHANA)
Accessibility and universal design are part of the mandate of Law No. 8 of 2016 concerning Persons with Disabilities, stated in Article 18 regarding accessibility. The Government has issued the Minister of Public Works and Public Housing Regulation No. 14/PRT/M/2017 concerning Building Ease Requirements. This PUPR Ministerial Regulation mandates that every building constructed, be it schools, offices, settlements, or public spaces, must provide access to all persons with disabilities.
The Government also frequently organizes activities that promote public service accessibility, as also stated in the Indonesian Government's Report, but these activities have not been conducted merely as socialization, not as a mandatory (compulsory) decree to be followed by all government and private agencies.
This subsequently causes the existing regulations not to be implemented and not to be taken seriously, especially government, regional government, and private-owned buildings or public facilities (such as banks), which still do not fully provide accessible space for all persons with disabilities and do not comply with the design standards set in the Ministerial Regulation. For example, Front Offices (government and private agencies) mostly have not considered wheelchair users, resulting in tables that are too high, and office information boards / maps have not fully provided access for persons with hearing disabilities (running text) and persons with visual disabilities who require information in the form of sound.
Furthermore, accessibility to public transportation services is also a major problem for persons with disabilities in Indonesia to be able to travel. Even some transportation regulations are still discriminatory, such as the rule that persons with disabilities must sign a sick certificate to access airline services. Moreover, public transportation services (land) cannot be accessed by persons with visual disabilities and wheelchair users, such as busway stops, train stations, airports, ports, and bus terminals. Almost a majority of these public facilities and services have not provided braille writing or running text.
A survey conducted by DPOs in the Province of Yogyakarta on 3 district and provincial level government institutions in DIY (Special Region of Yogyakarta) in 2018-2019 highlighted several problems related to this accessibility, including:
Generally, not all Government buildings in DIY are fully accessible to Persons with Disabilities, such as ramps, handrails, restrooms / toilets, stairs, as well as meeting rooms located on the 2nd floor without a lift. Similarly, access such as parking (no special parking including parking signs for motorcycles/cars for persons with disabilities), and the sink in the toilet is also not yet at the correct height for wheelchair users.
There is still a lack of communication and coordination among the Provincial, City / District Governments in Yogyakarta to fully implement the accessibility of public facility usage for persons with disabilities, because it is not yet supported by a clear division of duties and functions.
Lack of education and socialization for public service officials (frontline service) regarding access and interaction for persons with disabilities. This leads to sub-optimal service due to the officials' lack of understanding and knowledge about the needs for accessibility and reasonable accommodation for persons with disabilities.
There is already a commitment to involve disability organizations in development planning, but it is not yet optimal. One example is that merely inviting persons with disabilities to the forum is already considered inclusive. However, this involvement is usually still just normative, and participation has not been clearly seen to influence policy changes and/or budgeting.
Proposed List of Issue
What efforts is the government making to ensure that accessibility is fulfilled by the private sector? Are there policies that mandate the private sector to ensure accessibility for various types of disabilities in the services they provide?
How is the involvement of DPOs in the spatial planning and development of cities/regions? Is accessibility also considered in the budgeting? Are there examples of best practices in some regions?
Response List of Issue (Coalition/OHANA)
No data available
Response List of Issue (HWDI)
Law No. 8/2016 (Articles 18-19) emphasizes accessibility in the use of public facilities and reasonable accommodation based on individual needs. Law No. 28/2002 concerning Buildings emphasizes the requirements for ease, safety, comfort, and the obligation to provide facilities and accessibility in buildings and their surroundings. Indonesia has also issued the PUPR Ministerial Regulation No. 14/2017 which regulates Building Ease Requirements for persons with disabilities.
Although the regulation has been issued, its implementation is still not optimal, both at the central and regional levels, due to the absence of derivative regulations regarding accessibility and reasonable accommodation (in the form of a more binding Government Regulation), as well as a lack of government understanding and awareness regarding the provision of inclusive public service accessibility. The government has also not yet created a monitoring and evaluation mechanism for the buildings covered in this Ministerial Regulation 14/2017, so to date, there is no data on the percentage of buildings that are already and not yet accessible in government or public buildings at the central and regional levels. A case occurred in Samarinda, East Kalimantan (2018), where a woman with a disability who uses a wheelchair could not access the community health center (Puskesmas) in her area because the building did not have a ramp for her wheelchair to pass.
There is Minister of Transportation Regulation No. 98/2017 concerning the Provision of Accessibility in Public Transportation Services for Users with Special Needs. Following up on this, a joint commitment was made by the Ministry of Transportation with 23 State-Owned Enterprises (BUMN) and private companies in the land, sea, air, and rail transportation sectors. In practice, the implementation of the Minister of Transportation Regulation No. 98/2017 still faces constraints due to the minimal knowledge of government and private parties regarding laws or regulations, and there is also no standardization of accessibility services and public facilities that can be applied across all transportation sectors. Minister of Transportation Regulation No. 98/2017 has not been able to ensure that every woman with a disability can access public transportation services, especially air travel.
The case of Ms. Dwi Aryani who was removed from an Ettihad Airways plane when she was about to attend CRPD training at the UN office held by the International Disability Alliance (IDA) in Geneva, Switzerland, in April 2016. This flight prohibition was related to the victim's condition of traveling alone without assistance, making it difficult for her to save herself in an emergency situation. The case was then brought to the South Jakarta District Court, and the Court stated that Ettihad had committed discrimination.
Chief of Police Regulation (Perkap) No. 9 of 2012 Article 35: Persons with disabilities can already have a SIM D (Driving License D), but the SIM D requirements are not in accordance with the condition and disability perspective in Law 8/2016 and the CRPD Convention.
A number of regions have Regional Regulations (Peraturan Daerah) related to disability that include accessibility, such as in Central Java Province. In its implementation, the provision of accessibility related to communication tools is still limited to tangible items, such as bells, lights, visual images, and so on, and has not touched non-physical accessibility such as the availability of public servants who understand sign language for women with hearing disabilities. This policy has not been effective in helping persons with disabilities communicate in public environments. As a result, they still frequently experience misunderstandings with public servants, such as bus drivers, station ticket counter staff, and ticketing agents at the airport. Aceh Governor Regulation No. 11 of 2013 Concerning Social Welfare affirms the need for public services that include accessibility to general facilities and infrastructure, environment, and ease of obtaining public services for persons with disabilities, but from the monitoring of DPOs in Aceh, most public facilities and services are not yet accessible, such as roads, buildings, and some government buildings for wheelchair users, including mosques.
Accessibility is also often ignored by the private sector. In East Java, a woman with a physical disability using a wheelchair (Ms. A) using a modified three-wheeled motorcycle for long-distance mobility (with a non-disabled driver) was prohibited from entering a hotel by the security guard, because the motorcycle had to be parked in the back area of the hotel. Even though it was explained that Ms. A, as a wheelchair user, only needed to be dropped off in front of the hotel lobby, the security guard stubbornly refused. Finally, Ms. A was forced to get off the motorcycle (with her wheelchair) right in front of the barrier gate. A similar incident was experienced again by Ms. A on November 25, 2019, at another 5-star hotel in Surabaya, East Java.
Accessibility of Women with Disabilities to Legal Protection
In terms of regulation, the Criminal Code, Law No. 25 of 2009 concerning Public Services, PUPR Ministerial Regulation Number 14 of 2017 concerning Building Ease Requirements, Chief of Police Regulation No. 10 of 2007 concerning the Organization and Work Procedure of the Women and Children Service Unit (PPA Unit) within the Indonesian National Police, Chief of Police Regulation No. 9 of 2008 concerning the Implementation of Human Rights Principles and Standards in the Conduct of Indonesian National Police Duties, and Chief of Police Regulation No. 3 of 2008 concerning the Establishment of Special Service Rooms and Procedures for Examining Witnesses and/or Victims of Criminal Acts. From all of these regulations, it is apparent that apart from Law 8/2016 and PUPR Ministerial Regulation 14/2017, there are no others that specifically regulate accessibility and reasonable accommodation for persons with disabilities, especially within the Police force. This means that the fulfillment of accessibility and services for persons with disabilities has not become a priority matter.
In carrying out its duties, the PPA Unit is also equipped with a Special Service Room (RPK) for providing protection to women and children who are victims of crime and for law enforcement against the perpetrators (Article 6 paragraph (1) of Chief of Police Regulation 10/2017). However, based on field observations, the RPK is not built accessibly. Some RPKs are still built on the 2nd or 3rd floor, but do not provide elevators or other facilities that can ensure accessibility. In addition, the RPK is also not yet equipped with audio-visual information facilities, and still uses makeshift facilities because it is not a priority in planning and budgeting.
Communication accessibility for Sign Language Interpreters is fundamentally equivalent to interpreters, which is also regulated in Article 178 of the Criminal Procedure Code (KUHAP) which states that the presiding judge appoints as interpreter a person who is skilled in interacting with the accused or witness, not a person who already has an official interpreter certificate. In addition, the right to a sign language interpreter or translator is given to witnesses and victims and is also regulated in Article 5 paragraph (1) letter d of Law No. 31 of 2014 concerning Protection of Witnesses and Victims. This right is guaranteed to be provided from the investigation stage until the end of the judicial process. In practice, standard procedures regarding this have not been comprehensively formulated, and many women with disabilities lose their right to justice due to lack of access.
Proposed List of Issues
How does the central government encourage and ensure regional governments fulfill their obligations in providing public services and facilities that are friendly and non-discriminatory towards women with disabilities? In the absence of monitoring and evaluation, how does the Government ensure that public services are accessible and sensitive to women with disabilities?
What is hindering the realization process of providing the Disability Card (KPD) mandated by Law No. 8/2016 concerning Persons with Disabilities and Minister of Social Affairs Regulation No. 21/2017 concerning the Issuance of the Disability Card?
In terms of accessibility in air transportation services, there are many cases where women are denied flying because they do not have an escort. How does the Government of Indonesia ensure that airlines have internal SOPs and an understanding of the necessity to provide accessibility for women with disabilities?
Rekomendasi Komite
Mengadopsi legislasi dan strategi aksesibilitas nasional yang komprehensif di semua tingkat pemerintahan yang mencakup standar aksesibilitas, mekanisme pemantauan, dan penegakan hukum di semua bidang, termasuk lingkungan fisik dan binaan, perumahan, transportasi, teknologi informasi dan komunikasi, serta fasilitas dan layanan yang terbuka untuk umum, dengan alokasi anggaran yang diperlukan.
Memastikan implementasi efektif Peraturan Pemerintah (PP) 42/2020 tentang Aksesibilitas terhadap Permukiman, Pelayanan Publik, dan Perlindungan dari Bencana bagi Penyandang Disabilitas.
ⓘ Indikator
Regulasi dan strategi aksesibilitas serta mekanisme pemantauannya untuk semua sektor
Implementasi Peraturan Pemerintah (PP) 42/2020 tentang Aksesibilitas
Peningkatan aksesibilitas informasi publik dengan bahasa isyarat