Hak Pilih Bagi Penyandang Disabilitas Mental Ditinjau dari Perspektif Hak Asasi Manusia

Rahmanto, Tony Yuri

doi:10.30641/ham.2019.10.19-37

Cited by 5 publications

(5 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…Perubahan yang dibawa oleh Putusan MK 135 selaras dengan perubahan yang juga terjadi pada instrumen hukum internasional dalam memaknai hak pilih bagi penyandang disabilitas mental. Dalam (Rahmanto, 2019), tetap akan disertai dengan konteks advokasi yang dilakukan oleh organisasi penyandang disabilitas, yang berdampak terhadap perubahan-perubahan tersebut.…”

Section: Pendahuluanunclassified

Pelindungan Hak Pilih Penyandang Disabilitas Mental dalam Pendekatan Rangkaian Proses Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-VIII/2015

Nursyamsi¹,

Ramadhan²

2021

JAP

View full text Add to dashboard Cite

The Constitutional Court Decision Number 135 / PUU-XIII / 2015 stated that the requirement for "not being mentally / memory disturbed" to be registered as a voter in Law Number 8 of 2015 is unconstitutional. The decision opens a new perspective on the protection of suffrage for persons with mental disabilities, and acknowledges that mental / memory impairment conditions are not the same between one person and another. The decision is in accordance with the development of thoughts on the legal capacity of persons with disabilities using a continuum approach, which recognizing that everyone is a legal subject, but practically it is necessary to look at the person's ability to exercise their rights, especially in decision making. The Constitutional Court decision has been applied in various regulations related to elections, which cannot be separated from the efforts of disabled people organizations to implement it. However, the changes are still at the administrative level, have not resulted in a change in perspective on the recognition of the legal capacity of persons with mental disabilities. In practice, there are still cases of persons with mental disabilities who were not registered as voters so that they are forced to be unable to exercise their voting rights. Based on this explanation, it is important to analyze how the legal capacity approach for persons with mental disabilities is used in the Constitutional Court decisions Number 135 / PUU-XIII / 2015, and how this approach should be applied to ensure the protection of the suffrage rights of persons with disabilities. This legal research was conducted using a qualitative approach, using primary sources of law in the form of statutory regulations and other forms of policy, as well as secondary sources of law in the form of literature and other valid and relevant information. This study presents a discussion of the suffrage rights of persons with mental disabilities using a continuum approach that has not been discussed in previous studies, so that it is expected to be able to sharpen the implementation.

show abstract

Section: Pendahuluanunclassified

Pelindungan Hak Pilih Penyandang Disabilitas Mental dalam Pendekatan Rangkaian Proses Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-VIII/2015

Nursyamsi¹,

Ramadhan²

2021

JAP

View full text Add to dashboard Cite

show abstract

“…Both laws regulate the limitation of voting rights and are elected clearly. Different in terms of law, and different in terms of positions chosen in general elections and regional head elections (Rahmanto, 2019).…”

Section: Legal Framework For Restricting Suffragementioning

confidence: 99%

Voting Rights Position in Constitutional Review and Human Rights

Jamaluddin

2021

ISS

View full text Add to dashboard Cite

Law is an important instrument in protecting and upholding human rights in the state. In protecting and ensuring the enforcement of human rights in the state, it must be ensured that the law becomes an instrument in monitoring and even restricting public or state authorities so that there is no abuse of power, in many cases being the beginning of human rights violations. This research aims to examine and analyze the protection of human rights in the Indonesian Constitutional Law Post Amendment to the 1945 Constitution. This research uses normative legal research methods or literature studies, with materials in the form of secondary and tertiary legal materials. The main law material is the 1945 Constitution of the Republic of Indonesia while the secondary material is legal literature that explains and analyzes the laws and regulations related to this research. The result of this research is that the right to vote is contained in various legal provisions, both international and national. Persons with disabilities, as part of Indonesian citizens are also entitled to be actively involved in political life in accordance with Article 21 of the Universal Declaration of Human Rights, Article 25 of the Civil Rights Covenant, Article 28D paragraph (3), Article 28H Paragraph (2) and Article 28I Paragraph (2) the 1945 Constitution after the amendments and Article 43 Paragraphs (1) and (2) of Law no. 39/1999 on Human Rights emphasizes that every citizen has the right to get equal opportunities in government, both to be elected and to vote without discrimination.

show abstract

“…Jumlah ini bisa saja meningkat seiring bertambahnya waktu, hal ini dikarenakan kedisabilitasan bisa menerpa semua kalangan. Oleh karenanya penting pemerintah untuk mengatur kebijakan yang membuat para penyandang disabilitas ini tetap hidup dalam masyarakat dan bernegara termasuk kebijakan mengenai hak dipilih bagi penyandang disabilitas untuk menjadi presiden dihubungkan dengan syarat mampu secara jasmani dan rohani (Rahmanto, 2019). │ 47…”

Section: Pendahuluanunclassified

Selected Rights for Persons with Disabilities to Become Presidents Associated with Legal and Spiritual Ability Conditions in Indonesia

Ibrahim

2021

Khazanah Hukum

View full text Add to dashboard Cite

Social rights for people with disabiltiy need to be protected, including political rights. The operationally political rights consist the right of chce and the right to be elect. The issue arises when people with disability have to face the term of physical and spiritual requirements for president, though neither are not entirely contradiction but technically the implementation of the health physically requirement threatens people with disability to be president. The study aims to explain the legal certainty of people with disability to be president linked to physical and spiritual requirement. This research aims to know physical and spiritual rule and limitations. This research uses normative juridical methods and analysis presented descriptively. This research uses conceptual approach, legal approach, and historical approach. The conclusion of this research is that there is no certainty for people with disability to be president until the government has the implementation which is regulate and affirm people with disabilty to pass the physical health and spiritual health requirements. The arrangement of formulation physical and spritual health was conducted by medical check up by the doctors team and decision made thorough them using medical approach and missed the social approach. While there is no clarity about the limits of form capable in physically and spiritual health to be president linked to people with disabilty as the extent of spectrum of ability.

show abstract

Hak Pilih Bagi Penyandang Disabilitas Mental Ditinjau dari Perspektif Hak Asasi Manusia

Cited by 5 publications

References 0 publications

Pelindungan Hak Pilih Penyandang Disabilitas Mental dalam Pendekatan Rangkaian Proses Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-VIII/2015

Pelindungan Hak Pilih Penyandang Disabilitas Mental dalam Pendekatan Rangkaian Proses Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-VIII/2015

Voting Rights Position in Constitutional Review and Human Rights

Selected Rights for Persons with Disabilities to Become Presidents Associated with Legal and Spiritual Ability Conditions in Indonesia

Contact Info

Product

Resources

About