What rights can persons with disabilities obtain according to the provisions of the law?

Referring to Articles 28 and 29 of Law No. 8 of 2016, the Government and Regional Governments are obliged to guarantee and protect the rights of persons with disabilities as legal subjects to take legal actions similar to others. Likewise, in the provision of legal aid, the Government and Regional Governments are obliged to provide legal aid to persons with disabilities in every examination at every law enforcement institution in civil and/or criminal matters in accordance with statutory regulations.

From a juridical aspect, in order to guarantee special protection for the rights and position and protection from discrimination for persons with disabilities, a legal instrument is needed that specifically regulates persons with disabilities. Law enforcers are obliged to ask for consideration and facilities for persons with disabilities. The facilities referred to in Article 30 of Law No. 8 of 2016, include:

  1. Doctors or other health workers regarding health conditions
  2. Psychologists or psychiatrists regarding mental conditions
  3. Social workers regarding psychosocial conditions

As stipulated in Article 36 of Law No. 8 of 2016, Law enforcement agencies are obliged to provide reasonable accommodation for Persons with Disabilities in the judicial process. If a person with a disability is involved in the criminal justice process, it must still be carried out in accordance with the provisions of the criminal procedure law.

Furthermore, in Article 37, state detention centers and correctional institutions are obliged to provide disability service units. The service units in question function:

  1. Providing adaptation period services for Persons with Disabilities detainees for 6 (six) months.
  2. Providing special needs, including medicines attached to persons with disabilities during detention and development
  3. Providing rehabilitation services for people with mental disabilities.