How are persons with disabilities assessed as legally incompetent?

Currently, many persons with disabilities are still hampered from accessing legal services. This is because persons with disabilities are considered legally incompetent. This kind of discrimination often befalls persons with disabilities who experience mental and intellectual disorders. The ability of persons with disabilities to manage something, for example assets, finances, is often doubted so that for this reason they experience discrimination in legal services in some parts.

Even though the provisions regarding legal incompetence for persons with disabilities can only be declared based on a determination from the district court. By fulfilling several conditions in accordance with Article 33 of Law No. 8 of 2016, such as:

  1. The district court's determination in question is submitted through an application to the district court in accordance with the provisions of statutory regulations.
  2. The application for determination is based on clear reasons and must present or attach evidence from a doctor, psychologist, and/or psychiatrist.
  3. Families of persons with disabilities have the right to appoint someone to represent their interests when the person with a disability is declared incompetent by the district court.
  4. A person appointed to represent the interests of a person with a disability who takes actions that impact the increase, decrease, or loss of the property rights of the person with a disability must obtain a determination from the district court.

Based on the provisions above, the need for legal protection for persons with disabilities must be fulfilled by all law enforcement agencies. These provisions are one part of fulfilling human rights, so if they are not fulfilled, more persons with disabilities will have their rights derogated, especially the right to equality before the law. This is a brief explanation regarding the right to obtain legal protection for persons with disabilities.

References

  • [1] Arie Purnomosidi, “Konsep Perlindungan Hak Konstitusional Penyandang Disabilitas Di Indonesia,” Refleksi Hukum 1, no. 2 (2017): 163.
  • [2] Anggun Malinda, Ekha Nurfitriana, and M Yasin Al-Arif, “Bantuan Hukum Terhadap Kaum Difabel Korban Tindak Pidana Upaya Mewujudkan Acces to Justice,” Jurnal Hukum IUS QUIA IUSTUM 3, no. 2 (3014): 473.
  • See Law Number 8 of 2016
  • See the 1945 Constitution of the Republic of Indonesia

*This article represents the personal opinion of the author and does not represent the views of the editors Legal Literacy Indonesia.