CRPD
Rights Tracker
Laporan
(Pasal 1-4) Prinsip-prinsip umum dan kewajiban-kewajiban
(Pasal 1-4) Prinsip-prinsip umum dan kewajiban-kewajiban
List of Issue
Mohon berikan informasi mengenai langkah-langkah yang diambil:
Mekanisme efektif yang ditetapkan dan langkah-langkah praktis yang diambil untuk meninjau dan menyelaraskan undang-undang dan kebijakan di semua tingkat pemerintahan agar sesuai dengan Konvensi, memastikan bahwa konsep disabilitas konsisten dengan Konvensi, termasuk sehubungan dengan Undang-Undang No. 11/2009 tentang Kesejahteraan Sosial, yang masih merujuk pada penyandang disabilitas sebagai orang yang memiliki masalah kesejahteraan sosial, dan bahwa bahasa yang menstigmatisasi seperti "cacat" (istilah yang merendahkan untuk "disabilitas") dan istilah seperti "defect" dihilangkan;
Status Undang-Undang No. 8/2016 tentang Penyandang Disabilitas, dan langkah-langkah untuk memastikan implementasinya di semua tingkat pemerintahan;
Mekanisme yang ditetapkan serta sumber daya manusia dan keuangan yang tersedia di semua tingkat pemerintahan untuk konsultasi yang bermakna dengan penyandang disabilitas, termasuk melalui organisasi perwakilan mereka, mengenai semua legislasi, kebijakan, dan program;
Langkah-langkah yang diambil untuk meratifikasi Protokol Opsional Konvensi, termasuk kerangka waktu yang sesuai.
Laporan Alternatif
DPOs Coalition Report (OHANA)
Legal Framework for Protecting Women with Disabilities in Indonesia: Harmonization Issues. In general, harmonization of Indonesian legislation is necessary to address at least four major issues:
Regulations Using a Flawed Perspective (Stereotypes) on Disability
These regulations reflect a perspective that views disability as a social problem or stigma:
Law No. 11/2009 jo. Law No. 6/1974 concerning Social Welfare (Article 5 paragraph 2): This law includes "disability" as a criterion for a social problem. This provision is heavily influenced by the medical model, which sees a person with a disability as the source of the problem in social life, rather than a person restricted by environmental barriers.
Law No. 1 Year 1974 concerning Marriage (Articles 4 and 39):
Article 4 allows a husband to commit polygamy if his wife has an incurable physical disability or disease.
Article 39 affirms grounds for divorce if one spouse is "disabled" (as per the law's clause).
Implication: These articles are highly discriminatory, using disability as a lawful reason to end a marriage or pursue polygamy.
Regulations Based on the Charity Model (Financial Assistance)
These regulations continue to use the approach of charity or compassion, rather than a rights-based approach:
Law No. 24 Year 2007 concerning Disaster Management (Article 69): States that the Government must provide "consolation money and disability benefits for disaster victims."
Law No. 33 Year 1964 and Law No. 34 Year 1964: These laws still use the approach of providing financial assistance (santunan) for accident-related disabilities, a characteristic of the charity model.
Implication: This approach fails to recognize disability as a human rights and participation issue, focusing only on monetary compensation for "loss" instead of removing structural barriers.
Regulations Still Using the Medical Model
These regulations focus on the individual's medical condition or "incapacity":
Law No. 4 Year 1979 concerning Child Welfare (Article 7): States that "Children with disabilities have the right to special services to achieve growth and development up to the limits of the child's abilities and capabilities."
Law No. 34 Year 2004 concerning the Indonesian National Armed Forces (Article 57) and sector-specific laws (Railways, Shipping, Aviation): Contain similar provisions.
Implication: This perspective is not only flawed but also potentially creates stigma and stereotypes of powerlessness, as it limits rights and services based on medically determined "limits of ability," rather than focusing on providing reasonable accommodation.
Incorrect Terminology in Rights-Based Regulations
Some regulations attempt to use a rights-based perspective but contain incorrect phrasing or still use the term “cacat” (crippled/defective):
Law No. 23 Year 2002 concerning Child Protection (Article 9 paragraph 2 and Article 51): Combines medical and rights-based approaches inconsistently.
Law No. 17 Year 2008 concerning Shipping (Article 42 paragraph 1): While having a generally good perspective, the formulation is incorrect (using outdated terms or concepts that are not synchronized with the CRPD).
Implication: Inconsistent terminology and formulation create legal confusion and hinder the uniform implementation of inclusion principles.
Suggested List of Issues
Legislative Harmonization and Policy Roadmap
What measures are being taken by the Government of Indonesia to harmonize regulations that are still discriminatory toward persons with disabilities? Is there a roadmap to ensure that existing policies are non-discriminatory?
Mapping and Inventory of Discriminatory Articles
Does the government have a mapping or inventory of the discriminatory articles within these regulations?
Prevention of Discriminatory Regulations and Capacity Building for Civil Servants
How does the government prevent the emergence of new discriminatory legislation against persons with disabilities? Do civil servants (ASN) involved in legal drafting possess an adequate understanding of disability rights?
Response List of Issue (Coalition/OHANA)
The Government of Indonesia has carried out follow-up efforts to Law No. 8/2016 concerning Persons with Disabilities by drafting the Government Regulations (Peraturan Pemerintah/PP) to implement the Law. Although the time limit set by the Law (two years after promulgation) has passed, a number of PPs were enacted by 2020. Only two Draft Government Regulations (RPP) remain unratified: the RPP on Habilitation and Rehabilitation and the RPP on Disability Financial Concessions.
Response List of Issue (HWDI)
Law No. 8/2016 concerning Persons with Disabilities (PWD Law) has provided special guarantees for women with disabilities. This is affirmed in Article 5 of Law 8/2016. Furthermore, Law 8/2016 also specifically regulates women with disabilities in Articles 125, 126, and 127. Although the rights of women with disabilities are normatively regulated in Law 8/2016, at a more detailed implementation level, Indonesia's legal framework is arguably still inadequate to guarantee all conditions for women with disabilities, including preventing and handling violence against women with disabilities.
One of the current challenges in protecting the rights of persons with disabilities in Indonesia relates to the numerous policies issued before the ratification of the UN CRPD and before the enactment of Law 8/2016. These various policies are not only disability-biased but also harbor gender-biased issues that make women with disabilities vulnerable to multiple discrimination. Among the regulations that remain discriminatory toward women with disabilities are: a. The continued enforcement of Law No. 1 Year 1974 which affirms the permissibility of polygamy for a husband when his wife has an incurable bodily defect or disease; and the provision that one of the grounds for divorce is when one party has a bodily defect or disease that prevents them from fulfilling their obligations as husband/wife. b. Law No. 17/2014 concerning Exclusive Breastfeeding, in Article 6 paragraphs (3) and (7), exempts a woman from providing exclusive breastfeeding to her child when the mother has a mental disability.
Several reports submitted by state institutions and Disabled Persons' Organizations (DPOs) indicate that cases of discrimination, violence, and neglect against women with disabilities still occur frequently. The National Commission on Violence Against Women (Komnas Perempuan) reported that the number of women with disabilities who are victims of sexual violence increased from 40 cases in 2015 to 89 cases by March 2019. Meanwhile, there are no guidelines or manuals available for law enforcement officials and the government to use in resolving these cases, resulting in many violence cases (including rape) remaining unreported and unprocessed. Concurrently, the Draft Government Regulation (RPP) on Reasonable Accommodation in Court has not yet been enacted as of 2019. Source: Processed from Komnas Perempuan Annual Report data 2015 – 2019.
In terms of budgeting, disability-related expenditures have not yet been mainstreamed in budget management, neither at the central nor regional levels. Disability budgets often still focus on social assistance, while the need for reasonable accommodation and accessibility is not seriously addressed. For instance, the budget for inclusive education often does not include a corresponding increase in funding for accessibility and reasonable accommodation in the school environment or for access from home to school. The budget remains focused on per-child scholarships in certain schools. The same applies to government meetings, seminars, discussions, workshops, and activities, which frequently fail to budget for sign language interpreters or other essential assistive devices for accessibility.
Violence and discrimination against women with disabilities continue to occur today, even experiencing multi-discrimination, encompassing gender discrimination and disability discrimination between patriarchal culture and ableism. This leads to erroneous treatment/attitudes, wrongly assuming that women with disabilities lack capacity/capability, often resulting in their existence being disregarded or their opinions being unheard. Source: Komnas Perempuan, 2019.
Suggested List of Issues
What legislative and administrative measures has the Government of Indonesia taken to ensure the implementation of Article 5 (2), Article 125, 126, and 127 of Law 8/2016 regarding the special protection of women with disabilities?
The Government Report mentions the existence of the Minister of Women Empowerment and Child Protection Regulation (Permen KPPPA) No. 23/2010 on PIK PPD (information and consultation institutions for women with disabilities). Has this institution been established across all 34 provinces, and what actions has it taken to advance and protect women with disabilities? How can this institution contribute to the prevention and handling of violence cases against women with disabilities?
Pending the enactment of the Bill on the Elimination of Sexual Violence (RUU PKS) and the Draft Government Regulation on Access to Justice for Persons with Disabilities (RPP Akses terhadap Peradilan Penyandang Disabilitas), what steps is the Government of Indonesia taking to ensure that women with disabilities who are victims of violence (especially sexual violence) receive justice, both in terms of preventing repeat victimization and providing rehabilitation and empowerment?
Rekomendasi Komite
Untuk mencabut atau mengubah pasal-pasal dalam undang-undang dan kebijakan yang menggunakan konsep dan terminologi yang merendahkan bagi penyandang disabilitas, termasuk Undang-Undang No. 11 Tahun 2009 tentang Kesejahteraan Sosial dan Undang-Undang No. 11 Tahun 2020 tentang Cipta Kerja (Omnibus Law), khususnya istilah "Penyandang Cacat" (Disabled Person/Crippled Person)
(2022)
ⓘ Indikator
Upaya dan Langkah-Langkah yang Diambil oleh Pemerintah untuk Menghilangkan Kebijakan Diskriminatif terhadap Penyandang Disabilitas (Berdasarkan Indikator Pengukuran pada tahun 2022)