JUSTICE FOR PERSONS WITH DISABILITIES (PwDs) IN INDONESIA

摘要

Eliminating discrimination against Human Rights has been universally regulated as stated in Declaration of Human Right in 1948, including the elimination of discrimination against persons with disabilities (PwDs). Furthermore, in Indonesia, there are some laws on human rights such as Law Number 39 of 1999 on Human Rights and Law Number 8 of 2016 on Persons with Disabilities. Unfortunately there is no special court for certain human right violation as needed by persons with disabilities. Although there is Law Number 26 of 2000 on Human Rights, the law is only applicable for the Gross Human Rights Violations such as genocide and crimes against humanity. There is a discrimination case which relates to ECOSOC rights of persons with disabilities. The case in 2005 was about the prohibition for a person with disabilities to register as a candidate of civil servant in Surabaya. The person who was not allowed to apply for the job did not challenge the prohibition since the public pressure was much harder on that situation. There was no court case but the government agency changed the requirements and accepted persons with disability. Indonesia needs to strengthen and enforce the law more strictly.