International Human Rights Instruments and Indonesian Legal Protection For Persons With Disabilities

Abstract

Persons with disabilities as Indonesian citizens, in fact have the same position, rights and obligations as other Indonesian citizens. This is guaranteed in the Indonesian Constitution. This study aims to discuss about how the legal protection for persons with disabilities in Indonesia. The juridical normative research method uses a statute approach and conceptual approach, and then the data is processed and analyzed qualitatively. Legal protection for persons with disabilities is the responsibility of the state. Indonesia has ratified the Convention on the Rights of Persons with Disabilities, which was followed up with the revocation of Law no. 4 of 1997 concerning Disabled Persons, then enactment of Law No. 8 of 2016 concerning Persons with Disabilities, which prioritizes the issue of human rights. Persons with disabilities are seen as subjects whose rights must be protected for the sake of their dignity. For the enforcement mechanism, the National Disability Commission was formed based on Presidential Regulation No. 68 of 2020, but the substance is not in accordance with the human rights and independent principles because it is attached to the Ministry of Social Affairs which should be the object of its supervision. Therefore the President must immediately revise it in accordance with the mandate of Law No. 8 of 2016.