The Discourse on Legal Utopia for The People with Disabilities in Order to Remove the Educational Segregation

Abstract

The right to education for persons with disabilities is still a contemporary legal issue with legal and social problems. The laws and regulations governing the right to education with disabilities are still segregated for the research objectives, namely the Pattern of analyzing the educational arrangements for persons with disabilities and the ideal arrangements for achieving equality in education for persons with disabilities in Indonesia. This research method is categorized into normative legal research types. It is based on the issues and or themes raised as research topics using a philosophical and analytical research approach that is analyzed descriptively. The study results show that the segregated polarization of education for persons with disabilities is contained in Article 10 of Law Number 8 of 2016 concerning Persons with Disabilities and Articles 5, 15 and 32 of Law Number 20 of 2003 concerning the National Education System. The arrangement divides persons with disabilities into particular groups that have an impact on a homogeneous social environment. Therefore, the ideal design is educational equality, as in the United States, where people with disabilities attend regular schools. Besides that, it is necessary to have equal education for people with disabilities in the laws and regulations in Indonesia.

Legal Model for Fulfilling Educational Rights for Persons with Disabilities in the Covid-19 Pandemic Era

“…While each country's philosophy will inform the specific laws that govern its national education system, there is a fundamental philosophy that can be applied across all nations; this philosophy entails a set of basic obligations for every nation. Every human being has the right and duty to participate in and contribute to the nation's educational system [1]. Article 4 paragraph 1 states: "Education is democratic, fair, and nondiscriminatory by upholding human rights, religious values, cultural values, and national inclusivity".…”