Legal Literacy - This article discusses Indonesia's commitment, especially the local government's, to the rights of persons with disabilities, which are also regulated in the Convention on the Rights of Persons with Disabilities (CRPD). By: Dedon Dianta

The State of Indonesia in the Context of the Rights of Persons with Disabilities

In the context of Human Rights (HAM), Indonesia has an obligation as a duty bearer to all members of society, especially as a right holder to persons with disabilities as stipulated in the 1945 Constitution jo. Law 39/1999. In this law, the state is obliged to do three things regarding human rights, namely:

To respect

The state is obliged not to marginalize and discriminate in any form of action against persons with disabilities as a form of obligation to respect. Thus, the rights of persons with disabilities must be fulfilled in the context of the right to work, the right to privacy, the right to welfare, education, health, food, which also includes maintaining the standard of welfare and obtaining social assistance.

To protect

The state is obliged to focus on providing protection against any violations committed by all parties, including the government itself, which may interfere with the protection of the rights of persons with disabilities as a form of obligation to protect. This also includes state protection against the threat of exploitation or neglect, futility, and others.

To fulfill

The state is obliged to provide fulfillment of the rights of persons with disabilities that have been guaranteed by the constitution and laws and regulations as a form of obligation to fulfill. The steps referred to are providing many facilities, especially guarantees of welfare and permanent maintenance as an effort to fulfill the rights of persons with disabilities. This is very helpful, especially for persons with severe disabilities. Indonesia has ratified the Convention on the Rights of Persons with Disabilities (CRPD) through Law 19/2011 as a legal umbrella in fulfilling the equality of rights of persons with disabilities. The state's further commitment to persons with disabilities in the context of human rights values is to enact Law 8/2016 concerning persons with disabilities. In this law, the rights of persons with disabilities have been regulated regarding the right to be free from exploitation or neglect, torture, discrimination. Also regulated are the right to life, the right to move and citizenship, the right to express oneself, the right to live independently and be involved in society, the right to obtain data collection, concessions, habilitation and rehabilitation, protection from disasters, public services, accessibility, social welfare, culture and tourism, sports, religion, politics, health, work, justice and legal protection, privacy, and the right to be free from stigma.

Obligations of Local Governments Towards the Rights of Persons with Disabilities

In the context of laws and regulations hierarchically, there is a relationship between the central government and local governments. Legal products from local governments are an effort to implement regional autonomy which is an indicator of the success of decentralization that has been granted by laws and regulations attributively. In testing decentralization policies or regional regulations, one of them is to see whether local governments are responsive in meeting the demands and needs of all aspects of society. As explained above, the making of regional regulations is based on certain objectives in accordance with legal standards or legal guidelines that have been regulated by the government. The instrument for administering local government is regional regulations, where regional regulations must be responsive in fulfilling, protecting, and respecting the rights of the community, especially the rights of persons with disabilities through public services. So philosophically, the existence of regional regulations regarding the rights of persons with disabilities is a recognition by the local government of persons with disabilities as part of a community group in a region. Local governments have an obligation to protect and serve persons with disabilities, including:
  1. implementing regional regulations as a manifestation of local governments in protecting the rights of persons with disabilities;
  2. always seeing and viewing disability rights when preparing work plans and/or regional policies;
  3. creating and implementing a regional policy in the form of activities and/or programs that support the protection of the rights of persons with disabilities;
  4. providing support in terms of facilities in the form of infrastructure as a form of fulfilling the rights of persons with disabilities
  5. providing facilities for persons with disabilities in developing their interests and talents so as to achieve independence in social life;
  6. encouraging the community, especially the business world, to respect, protect, and fulfill the rights of persons with disabilities;
  7. using the Regional Revenue and Expenditure Budget (APBD) effectively through proportional allocation based on the financial capabilities of the region;
  8. conducting communication between provincial local governments and city local governments in fulfilling, protecting, and respecting the rights of persons with disabilities;
  9. having efforts to supervise and foster a work plan and/or regional policy as an effort to protect the rights of persons with disabilities.
In accordance with the explanation above, it can be concluded that the state has an obligation to protect the human rights of every citizen, including the rights of persons with disabilities. The state must be committed to carrying out all efforts in protecting and serving persons with disabilities as regulated in the constitution and laws and regulations. Local governments also have an obligation to provide public services, especially for persons with disabilities. If there is good coordination and implementation between the local government and the central government, it will create protection and services for the rights of persons with disabilities.