List of Issue CRPD Indonesia DPO

ALTERNATIVE REPORT
OF INDONESIAN ORGANIZATIONS OF PERSONS WITH DISABILITIES
FOR THE ADOPTION OF THE LIST OF ISSUES OF INDONESIA
Submitted to the UN Committee of the Rights of Persons with Disabilities
(13rd pre-session | 30 March - 03 April 2020)
The Report created by the Indonesia Disability Person Organizations:
SIGAB, GERKATIN, YAPESDI, Bipolar Care Indonesia, Wahana Keluarga Celebral Palcy
(WKCP), SEHATI, PERMATA, Gerakan Peduli Disabilitas dan Lepra Indonesia (GPDLI),
SAPDA, CIQAL, PERDIK, HWDI, PJS
Coordinated by the OHANA
2020
Table of Contents
Introduction ............................................................................................................................... 4
Legal Frameworks to Protect Women with Disabilities in Indonesia ........................................4
Proposed List of Issues .......................................................................................................5
Articles 1—4: General Obligations .........................................................................................5
Proposed List of Issues .......................................................................................................7
Article 5: Equality and Non-Discrimination ...........................................................................7
Proposed List of Issues: ......................................................................................................7
Article 6: Women with Disabilities.........................................................................................8
Article 7: Children with Disabilities ........................................................................................8
Proposed List of Issues .......................................................................................................9
Article 8: Awareness Raising ..................................................................................................9
Article 9: Accessibility ..........................................................................................................10
Proposed List of Issues .....................................................................................................11
Article 11: Situations of Risk and Humanitarian Emergencies ............................................11
Article 12: Equal Recognition before Law ............................................................................12
Proposed List of Issues .....................................................................................................13
Article 13: Access to Justice .................................................................................................13
Article 15: Freedom from Torture or Cruel, Inhuman or Degrading Treatment or
Punishment .......................................................................................................................... 15
Article 16: Free from Exploitation, Violence and Abuse ......................................................16
Article 18: Liberty of Movement and Nationality ................................................................ 17
Article 20: Personal Mobility................................................................................................ 18
Article 21: Freedom of Expression and Opinion, and Access to Information ......................19
Article 22: Respect for Privacy ............................................................................................. 20
Article 24: Education ............................................................................................................20
Proposed List of Issues .....................................................................................................24
Article 25: Health .................................................................................................................24
Article 26: Habilitation and Rehabilitation ..........................................................................26
Article 27: Work and Employment ......................................................................................27
Article 28: Adequate Standard of Living and Social Protection ...........................................27
Article 29: Participation in Political and Public Life ............................................................. 28
Article 30: Participation in Cultural Life, Recreation, Leisure and Sports ............................ 29
Proposed List of Issues .....................................................................................................30
Article 31: Statistics and Data Collection .............................................................................30
Proposed List of Issues .....................................................................................................31
Endnotes: ............................................................................................................................. 32
Introduction
1.
This Alternative Report submitted by the Coalition of Indonesian Disability
Organizations to the UN Committee of the Rights of Persons with Disabilities for the
Adoption of List of Issues Indonesia on 13rd pre-session,30 March - 03 April 2020.
2.
The member of coalition consists of national and local organizations of disability,
namely: SIGAB, GERKATIN, YAPESDI, Bipolar Care Indonesia, Wahana Keluarga
Celebral Palcy (WKCP), SEHATI, PERMATA, Gerakan Peduli Disabilitas dan Lepra
Indonesia (GPDLI), SAPDA, CIQAL, PERDIK, HWDI, PJS
3.
This report created through series discussion and workshop: National Workshop
conducted in Yogyakarta on 20 – 22 may 2019, Follow up discussion among the DPOs
organization on 21 – 22 November 2019 in Yogyakarta, and focus group discussion of the
small team on 18 – 19 December 2019.
4.
This report drafted by the DPOs based on the DPOs‘ experiences, advocacy, and
perspective on the issues of disability from multisource of information.
Legal Frameworks to Protect Women with Disabilities in
Indonesia
5.
Efforts need to be made to harmonize existing laws and regulations in light of the
following problems:
a. Some laws and regulations are tainted with stereotypes toward persons with
disabilities (PWDs), for instance:
- Article 5 Paragraph (2) of the Law No. 11/2009, related to Law No. 6/1974 on
Social Welfare, categorizes disability as an indicator of social welfare
problems. The provisions stigmatize PWDs as a problem to social life and
follow the medical view of disability in which disability is seen as an
abnormality.
- Article 5 of Law No. 1/1974 on Marriage regulates matters pertaining to
polygamy, and it specifies that polygamy is permissible when the wife
becomes disabled or suffers from terminal illnesses. Article 29 enumerates the
justified reasons for divorce, one of which is when a spouse becomes
‗disabled.‘
b. Some laws and regulations put PWDs in disadvantaged situations and utilize a
charity-based approach, instead of building inclusive physical infrastructure, in
overcoming barriers. For instance, Article 69 of Law No. 24/2007 on Disaster
Management regulates that ―Government and local government shall provide grief
and disability compensation money to disaster victims.‖ This approach is also
used in Article 3 Paragraph (1) Letter c of Law No. 33/1964 concerning
Compulsory Passenger Accident Insurance and Article 4 of Law No. 34/1964.
c. Some laws and regulations employ medical approach, as can be seen in Article 7
of Law No. 4/1979 concerning Child Welfare, which states that ―Children with
disabilities shall be entitled to special services to attain the level of growth and
development to which they are capable.‖ This approach is flawed, and using the
medical perspective of disability reinforces the stereotype that PWDs are
powerless. This incorrect notion of disability can be seen in Article 57 of Law No.
34/2004 concerning Indonesian National Army, Article 21 Paragraph (3) of Law
No. 40/2004, Law No. 23/2007 concerning Railroad System, Law No. 17/2008
concerning Shipping, and Law No. 1/2009 concerning Aviation.
d. Some laws and regulations retain the use of the term ‗cacat‘ (a derogatory term
for disability) or follow a faulty logic despite their so-called rights-based
perspectives. Law No. 23/2002 on Child Protection, for example, draws upon both
medical and rights-based perspectives, as set out in Article 9 Paragraph (2) and
Article 51. Another example includes Article 42 Paragraph (1) of Law No. 17
/2008 concerning Shipping, which contains some faults.
Proposed List of Issues
-
-
Given that the location of Indonesia is in the ring of fire make it to be vulnerable to
disasters, what is the government‘s concrete plan to ensure that all persons with
disabilities get the maximum protection and safety in the emergency disaster?
Does the government has a disaster SOP to provide protection and rescue plan for all
disabilities persons? Is DPO's included and involved in the SOP making process?
Articles of Convention of the Rights of Persons with Disabilities (CRPD)
Articles 1—4: General Obligations
6.
The State has not adopted the definition of ‗disability‘ as an evolving concept as a
result of the interactions of people who have physical, mental, psycho-social, and intellectual
impairments with the environments that hinder their equal and full participation in social life.
7.
National Plans of Action on Human Rights (RANHAM), which contains disability
rights, are not widely disseminated so that PWDs are invariably excluded from its
implementation, monitoring and evaluation. Therefore, although RANHAM has been
implemented as mandated in the Presidential Regulation No. 75/2015 and Presidential
Regulation No. 33 Year 2018 concerning National Plans of Action on Human Rights, by and
large, its implementation has been largely done by the government without the participation
of organizations of persons with disabilities (DPOs). In some instances, DPOs are engaged in
the formulation of RANHAM, yet such participation is not comprehensive at both national
and local levels. The clause states that the participation of civil societies is voluntary rather
than mandatory.
8.
The State is not committed to providing reasonable accommodation in its
development projects. The participation of DPOs is partial and non-comprehensive in every
development policy-making. Consequently, some supposedly inclusive public infrastructures
put PWDs in danger. In inclusive education, for example, the State provides financial
assistance, but it has yet to provide shadow teachers, sign language interpreters and inclusive
education curricula.
9.
The State has not harmonized laws and regulations that discriminate against PWDs.
This is reflected in a number of laws and regulations that are discordant with the principles
set out in CRPD (see paragraph 1 of this report). One example to this is Law No. 1/1974
concerning Marriage, which discriminates against PWDs as it states that one of the justified
reasons for divorce is the disability of the spouse. Another example is Law No. 11/2009 on
Social Welfare, which positions PWDs as a social group that experience welfare issues.
Furthermore, Law No. 13/2003 on Manpower retains the derogatory phrases ‗Penyandang
Cacat’ and ‗physically and mentally fit‘, which put barriers to employment in both
government and private sectors.
10.
DPOs opine that the government regulations and programs on disability rights are still
carried out in a normative and ceremonial way only. This is reflected in such programs as
Child-Friendly Cities, Inclusive Cities and some other programs that do not overcome the
problems of limited accessible infrastructure, limited number of disability-friendly and
disability-responsive workers in the public sector, and the low awareness about disability
rights among the society.
11.
The State has expressed its commitments to the fulfilment and protection of disability
rights, but such commitments are not coupled with correct understanding and knowledge of
disability rights, and the meaningful participation of DPOs in planning and implementation.
The State does not have well-rounded understanding of inclusivity so that various programs
are implemented simply to fulfill formalities, rendering such implementation ineffective. For
example, the installations of guiding blocks in many areas are not compliant with existing
standards (See some example of Guiding block in Endnote).i
12.
The fulfilment and protection of disability rights are hampered by the differing
understanding and perspectives between the Ministry of Social Affairs and the Ministry of
Health, in which the former categorizes hearing and speech disabilities into sensory
disabilities, while the latter puts hearing disability under the category of sensory disabilities,
and speech disability under physical disabilities.
Proposed List of Issues
1) What has the Indonesian Government done to harmonize laws and regulations that
discriminate against PWDs? Has there been any roadmap toward revoking
discriminatory laws and regulations?
2) Has the Indonesian Government mapped out articles of laws and regulations that
discriminate against PWDs?
3) How do we prevent the adoption of discriminatory laws and regulations toward
PWDs? Have the civil servants involved in the legal drafting been well informed of
the rights of PWDs?
Article 5: Equality and Non-Discrimination
13.
Article 2 of Law No. 8/2016 emphasizes the principle of non-discrimination and
equality. PWDs reserve the right to freedom from discrimination (Article 5 of Law No.
8/2016), including the right to work in both public and private sectors (Articles 11 and 45)
and the right to public services (Article 19). These rights are further emphasized in Chapter
22 in this Law. Articles 144 and 145 of this Law mention the sanctions charged against
anyone who impedes the enjoyment of disability rights.
14.
However, this Law does not elaborate the principle of non-discrimination and the
sanctions charged against its violators. There has not been any mechanism to hold violators to
account. Therefore, the Law does not create any significant impact on the lives of PWDs.
Unequal treatment and discrimination against PWDs are still widespread.
15.
For example, the Government is building Inclusive Schools across the country;
however, this program does not widen PWDs‘ access to education significantly. There are
cases in which children with intellectual disabilities are denied entry to inclusive schools
because the schools require IQ tests as part of its admission procedures; meanwhile, children
with intellectual disabilities generally have lower IQ. These IQ test results are used to decline
the applications of children with intellectual disabilities.1
Proposed List of Issues:
a. Please explain how PWDs with various forms of disabilities can access education
from elementary level to higher education. What attempts has Indonesia made to
increase PWDs‘ access to education?
b. Please explain the results of the evaluation of inclusive schools, including the
challenges, hindrances and impacts of the implementation of inclusive schools.
1
Results of case monitoring.
Article 6: Women with Disabilities
Specific report on this issues will be submitted by HWDI, part of this Coalition.
Article 7: Children with Disabilities
16.
The rights of children with disabilities are guaranteed under Law No. 8/2016, Article
8 of Law No. 23/2002 concerning Child Protection, Regulation of the Ministry of Women
Empowerment and Child Protection No. 4 Year 2017 concerning Special Protection for
Children with Disabilities. Despite these laws and regulations, the protection of the rights of
children with disabilities remains a big issue in Indonesia.2
17.
Based on the cases that WKCP has advocated, a major issue facing children with
cerebral palsy (CP) is late diagnosis, which ranges to years, so that the disorders have
developed further. False diagnosis and treatment are also common due to inadequate medical
facilities and human resources. For example, AL, a child with CP, showed various signs of
CP since she was 1 month old. She often got shocked, which was actually part of
convulsions. However, the doctor said that it was merely a part of primitive reflexes common
among newborn babies. AL‘s parents received an accurate diagnosis only when she was two
years old, which was already past a child‘s golden age, and subsequently sought treatment.
This problem is also common among children with intellectual disabilities.3
18.
Children with hearing disabilities should be trained to use sign language by their
parents or family, yet in practice this is not the case because of the limited awareness,
knowledge and resources of parents. They are forced to learn verbal language, while speech
therapy is scarcely available. A survey carried out by GERKATIN and Dr. Mario in 2019
shows that almost 90% of people with hearing disabilities experience depression.4
19.
When accessing public health services, oftentimes children with hearing disabilities
are not attended by medical specialists, and they receive non-comprehensive diagnosis. They
are also prescribed long-term drugs, yet the parents and the children do not understand the
benefits of such drugs.
20.
Children with disabilities often become victims of exploitation by their own families
or communities, such as making them beggars. Usually, local governments intervene by
2
―Special Protection Remains the Main Issue facing Children with Disabilities,‖ CNN Indonesia, 8
December
2019,
accessed
from
https://www.cnnindonesia.com/nasional/20191208023419-12455093/perlindungan-khusus-jadi-masalah-utama-anak-disabilitas
3
A baby born with Down Syndrome requires early intervention by receiving physiotherapy and
occupational therapy to train the muscles in order to lift the barrier to mobility. Otherwise, the child can end up
having physical or mobility impairment and needing assistive devices throughout his or her life. Also, if the
child is not trained to speak at an early age, s/he might then have speech disability because of stiff tongue,
mouth and oral cavity.
4
A survey was carried out during workshops in 9 Indonesian cities; survey forms were distributed and
filled out by deaf person who had mental disabilities.
disciplining street children, yet there is no comprehensive measure to address the needs of
street children with disabilities who are victims of exploitation.5
Proposed List of Issues
1) What attempts has the Indonesian government made to ensure the rights of children
with disabilities? Is the implementation of Regulation No. 4 of the Ministry of
Women Empowerment and Child Protection Year 2017 effective to address the
human rights violations against children with disabilities?
2) What measures has the Indonesian government taken to prevent children with
disabilities from acquiring other forms of disabilities? Are such services as therapy
and physiotherapy readily available at the village level?
Article 8: Awareness Raising
21.
The campaigns done by the Indonesian Government (as explained in paragraph 41 of
the Report of Indonesian Government) are partial and symbolic; these campaigns have not
addressed the question of how state officials, governmental agencies, the private sector, and
the societies in general must respect and protect the rights of PWDs. In some cases,
government officials have limited knowledge of the importance of providing sign language
interpretation, assistive devices, and accessible and decent facilities to PWDs. This is despite
the fact that disability-related programs have been incorporated into national and local
government budgeting (APBN/APBD). When members of DPOs are invited to workshops,
the government does not provide sign language interpretation, saying that they do not have
budget for such purposes.
22.
There is very low awareness about the utmost importance of ensuring the
participation of DPOs in the planning, budgeting and implementation of government
programs. In many cases, DPOs are engaged in the planning process, yet their insights and
suggestions are not considered. Furthermore, there is no mechanism of accountability and
transparency to ensure that the DPOs‘ suggestions and insights are taken seriously in policymaking processes.
23.
The Indonesian Government has so-called National Guidelines on Leprosy, yet it is
not well implemented by the relevant ministries. The program to end leprosy, which is
supposed to prevent leprosy patients from acquiring disabilities, is not effectively
implemented. This is despite the Health Minister Regulation No. 11/2019 concerning
Leprosy Management, which explains in details about early detection and observation after
RFT (release from treatment).
5
More information on child exploitation will be provided in Article 16 of this report.
Article 9: Accessibility
24.
Law No. 8/2016 concerning Persons with Disabilities, and in particular Article 18 of
the Law, makes accessibility and universal design mandatory. The Government has also
adopted the Minister of Public Works and Public Housing Regulation No. 14/PRT/M/2017
concerning Building Requirements. This Regulation specifies that school, office, housing,
and public buildings must be accessible by PWDs.
25.
The Government has also put together various activities to increase the accessibility
of public services, as explained in the Report of Indonesian Government, but these activities
do not require mandatory participation of all relevant governmental and private sectors.6
26.
This hinders the full implementation of existing regulations. Many government- and
privately-owned buildings are not compliant with the standards set out in the said Ministerial
Regulation. For instance, many offices are not friendly to wheelchair users because they have
high desks. They do not provide running texts and speech technologies7, making it difficult
for people with hearing and visual disabilities to receive information.
27.
In addition, public transport systems in Indonesia are not accessible to PWDs. For
example, PWDs are obliged to sign a statement of sickness to access flight services. By and
large, land transport facilities—such as bus stops, train stations, airports, bus stations8, and
harbors—are inaccessible to people with visual disabilities and wheelchair users. Most of
these facilities are not equipped with running texts and braille.
28.
The survey carried out by DPOs in Yogyakarta between 2018 and 2019, which
covered three governmental institutions at the regency and provincial levels, shows some of
the problems around accessibility9 as explained below:
a. Generally, government offices in Yogyakarta are not equipped with ramps,
handrails, accessible toilets, lifts (meeting rooms are located on the second floor),
and accessible parking lot (including signs to indicate parking space for PWDs).
In addition, the toilet sinks are too high for wheelchair users.
6
For example, the Ministry of Transportation held an event to disseminate information on accessible
transport for PWDs on September 11, 2019, in commemoration of the National Day of Transportation 2019.
This event was attended by 60 PWDs from various DPOs. During this event, a commitment to serving PWDs
was signed with 23 state-owned and private enterprises in land, water and air transportation. ―Kemenhub
Sosialisasikan
Transportasi
Ramah
Disabilitas‖,
September
12,
2019,
accessed
from
http://dephub.go.id/post/read/kemenhub-sosialisasikan-transportasi-ramah-disabilitas
7
This information is derived from a survey conducted by DPOs in the Special Province of Yogyakarta,
covering three governmental agencies at the regency and provincial levels between 2018 and 2019.
8
This is despite the Government of Jakarta providing Transcare, a shuttle car that caters specifically to
PWDs.
9
This survey was conducted to assess the implementation of Paragraph 2 Local Government Regulation
No. 4 Year 2012 concerning the Protection and Fulfilment of the Rights of Persons with Disabilities, which
states that in ten years‘ time after the passing of the regulation, Yogyakarta will be an accessible province.
b. There is limited communication and coordination between the provincial and local
governments to ensure that public facilities are accessible to PWDs. The division
of tasks and functions between both parties remains unclear.
c. Public service workers generally do not possess adequate knowledge and
awareness about accessibility and disability rights, which result in limited number
of accessible and decent public services available to PWDs.
d. Attempts have been made to engage DPOs in development planning, but such
participation is encouraged only to make these forums appear to be inclusive. The
aspirations of those PWDs are not taken seriously to effect any policy change.
Proposed List of Issues
1) How does the government ensure that the private sector complies with the principle of
accessibility? Have there been any laws or regulations that make it mandatory for the
private sector to ensure accessibility to people with various forms of disabilities?
2) How is the participation of DPOs in urban planning? Is this principle of accessibility
considered with great weight in budgeting processes? Have there been any examples
of good practices on this matter?
Article 11: Situations of Risk and Humanitarian Emergencies
29.
In relation to disaster management, disability-friendly policies are adopted only when
DPOs intervene. Although the head of National Board for Disaster Management (BNPB) has
adopted Regulation No. 14/2014, until 2019 only two out of thirty-four provinces had
established so-called Disability Services Unit; these include Central Java and West Papua.
Similarly, only 7 out of 500 regencies/municipalities—all in Central Java—have established
the same units.
30.
BNPB has engaged DPOs in disaster management, but this participation should still
be increased in disaster-prone areas. DPOs were not included in the revision of Law No.
24/2007 concerning Disaster Management; consequently, the Law does not contain the
principles of disability rights, and attempts to revise the Law are nonexistent.
31.
Some notes on disaster management are as follows:
a. Generally, disaster relief camps are not equipped with accessible toilets,
accessible locations, and accessible information.
b. The State does not guarantee the availability of early warning system
accessible to people with all forms of disabilities. This also includes the data
on PWDs living in disaster-prone locations.
Article 12: Equal Recognition before Law
32.
Article 27 of the 1945 Constitution of Indonesia guarantees equality. This principle is
further emphasized in Article 28 of Law No. 8/2016.10 Below are some notes on equal
recognition before law:
a. Articles 433 to 462, as well as Article 1320 paragraph (2) of Civil Code regulate
guardianship, including for persons with psychosocial disabilities, who are
deemed to be lacking legal qualification. The Law on Mental Health emphasizes
that the definition of ‗lacking legal qualification‘ should be made by psychiatrists
instead of the court. The status of ‗lacking legal qualification‘ often allows for the
imposition of certain medical services on persons with psychosocial and
intellectual disabilities by their family members of guardians.
b. Article 53 and Article 178 of Criminal Code require an interpreter designated by a
presiding judge. In practice, these cases of PWDs fall out of legal processes
because interpreting services are only available at the court.
33.
In response to Paragraph 58 of the Report of Indonesian Government concerning
PWDs‘ access to banking services, it is important to clarify that such attempts are made at an
institutional level; they have not been translated into the Standard Operating Procedures
(SOP) of all banks at both national and local levels. In several cases, PWDs experience
troubles accessing financial services at banks or similar institutions. There was also a case in
which a person with visual disability was denied access to a bank in Makassar (South
Sulawesi). The bank made swift responses to deal with this case, bowing to the pressures
from DPOs.11
34.
Until today, people with intellectual disabilities are facing various barriers in civil
law. In a legal case, a person with intellectual disability was denied her application to legally
establish an organization because she was deemed to be under guardianship (according to
Article 433 of Civil Code) and ‗lacking legal qualification‘ (according to Article 1330 of
Civil Code). Meanwhile, the attestation can only be done by the court, who reserves the right
to appoint an expert.
35.
The non-recognition of people with intellectual disabilities before law has various
implications; they lose the right to own property (instead, it is managed by their guardians),
perform child-rearing, vote or be voted, accept or decline medical services, express their
aspirations, or provide testimony in legal cases. The reports filed by people with psychosocial
10
―Government and Local Government shall guarantee and protect the rights of persons with disabilities
as subjects of law to do the same legal actions as others‖ (Article 28 of Law No. 6 Year 2016).
11
―Customer with disability was denied ownership of ATM by BNI Syariah,‖ December 17, 2019,
accessed from https://www.cnnindonesia.com/ekonomi/20191217135934-78-457702/nasabah-difabel-mengakudilarang-bni-syariah-punya-atm; ―BNI Syariah apologizes for its treatment to a customer with disability,‖
December 17, 2019, accessed from https://www.cnnindonesia.com/ekonomi/20191217211432-78-457880/bnisyariah-mohon-maaf-atas-kasus-nasabah-difabel-di-makassar
disabilities are not considered seriously, including reports of physical, sexual, or verbal
abuse.12
36.
People with intellectual disabilities do not have access to become bank customers.
Parents are allowed to have additional accounts for their children with disabilities, but they
cannot open up bank accounts under their own names. Only very few private banks have
made some breakthroughs by allowing parents to open their bank accounts and create ATM
cards for their children under the children‘s own names (for example, Mega Syariah Bank).13
37.
There is not enough collaboration between the police department and the Ministry of
Health (in particular, doctors who issue statement of health) to create regulations on the
issuance of driving licenses type D (SIM D) for people with hearing disabilities. The
Indonesian National Police Regulation No. 10/2009 prohibits people with hearing impairment
or disabilities from riding vehicles.
Proposed List of Issues
1) How does the Government ensure that people with various forms of disabilities are
able to access banking services, including the ownership of ATM? Have there been
any SOP on this matter?
2) How does the government ensure that PWDs are considered as legitimate subjects of
law either as witnesses, victims or perpetrators?
3) Have there been any attempts to revise Article 433 of the Civil Code concerning
Reasons for Forgiveness? Have there been any guidelines for law enforcement
officials on the principle of equality before law for PWDs?
4) How does government ensure all persons with disabilities could report cases they
experienced without discrimination? The testimony of persons with intellectual
disability more often not considered so many cases of abuse/rape crimes againts
child/women with intellectual disabilities were not processed
5) Is there any immediate step to ensure that all persons with disabilities have the same
rights before the law and the judicial system and will provide reasonable
accommodations when they deal with legal and judicial issues?
Article 13: Access to Justice
38.
The criminal procedural rules and case-handling procedures for PWDs do not reflect
the principle of access to justice. Below are some of the notes on this issue:
12
13
This information is based on monitoring and documentation of cases by SIGAB.
In this case, according to DPOs, the Mega Syariah Bank has made this breakthrough because one of its
leaders also has a child with an intellectual disability. This makes him/her more understanding toward children
with intellectual disabilities.
a.) Law No. 8/1981 does not recognize the testimonies of people with hearing and
visual disabilities.
b.) There are no schemes to ensure the availability of accessible and decent facilities
for PWDs in judicial institutions.
c.) As set out in Article 178 of Law No. 8/1981, sign language interpretation is
provided only to people with hearing disabilities who are incapable of writing.
d.) Law enforcement officials have very limited understanding, knowledge and
practical skills on how to deal with PWDs.
e.) Law No. 11/ 2016 concerning Legal Aid does not elaborate on the mandate of
access to justice for PWDs.14
39.
These challenges pose a major barrier to the enjoyment of fair treatment in every
stage of the legal processes. Furthermore, the limited accessible and decent facilities have an
impact on the implementation of the principle ‗equality before law.‘ For instance, without
accessible facilities, law enforcement officials cannot receive testimonies from people with
hearing and visual disabilities.
40.
DPOs are currently pushing the Ministry of Law and Human Rights to finalize the
draft of Government Regulation (RPP) concerning Decent Accommodation in Court so that
PWDs can enjoy their rights.15
41.
Some law enforcement institutions, such as the Police Department of Gunungkidul,
Prosecutor‘s Office and District Court of Wonosari, and the District Courts of Bone and
Bulukamba in South Sulawesi, have begun to pilot projects in order to mainstream the
principle of inclusiveness. They gradually improve the accessibility of their services and
facilities. However, these pilot projects only came into being because of the participation of
DPOs in the formulation and implementation stages. The government should expand their
pilot projects to cover a wider area and include DPOs in the processes.
42.
Law No. 16/2011 concerning Legal Aid governs the provision of legal aid to
everyone including PWDs. However, the Law does not specify the types of facilities needed
by PWDs, such as sign language interpretation and accessible accommodation. This is due to
unclear bureaucratic processes as to which institution is to provide funds to cover the
expenses of such facilities. Meanwhile, data on the provision of legal aid is not disaggregated
to indicate the number of PWDs who receive legal assistance.16 In practice, sign language
14
This is based on SIGAB‘s advocacy work.
15
This RPP is mandated in Law No.8/2016. Referring to its last version (December 26, 2019), the RPP
regulates that: 1) all judicial institutions and other implementing agencies must provide accessible physical and
non-physical infrastructure to PWDs; 2) law enforcement officials must assess an individual‘s type and degree
disabilities, as well as the barriers that they experience; this assessment will be considered when providing
decent accommodation; 3) makes mandatory the presence of legal assistant and a personal assistant as part of
the legal system that is inclusive toward PWDs; 4) makes mandatory the availability and participation of expert
witnesses for PWDs in the legal process.
16
https://sidbankum.bphn.go.id
interpreters decline to reside in courts and accompany people with hearing disabilities
because they do not have adequate knowledge of legal language.17
43.
The ineffective implementation of Law No.8/2019, as well as the guardianship of
people with mental and intellectual disabilities in the legal process, owes much to the fact
that the legal systems in Indonesia have not incorporated ‗profile assessment‘ as part of the
procedures to protect the rights of PWDs before law.18
44.
There is limited access to justice for PWDs whose assistive devices are broken due to
accidents or other reasons. There is no mechanism to report cases, file complaints, or seek
compensation or charge sanctions for loss or damage of assistive devices.
45.
A woman with disability was raped in Padang, West Sumatera. The case was
proceeded through customary laws, and the victim was represented by her uncle. All of the
victim‘s family members have hearing disabilities. This whole process was proceeded
without any notice to the victim herself, and she was not involved in the case settlement. The
victim was isolated by her communities; for example, a nearby food stall would decline to
serve her. The victim was also obliged to sacrifice a cow as part of the decision made by
communities leaders.19
Article 15: Freedom from Torture or Cruel, Inhuman or Degrading Treatment
or Punishment
46.
Indonesia has ratified the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT) and translated it into Law No. 5/1998. The
principles of freedom from torture are also laid out in the Criminal Code. Article 5 letter (f)
of Law No. 8/2016 concerning PWDs emphasize that they reserve the right to freedom from
torture and other cruel, inhuman or degrading treatment or punishment.
47.
In practice, however, law enforcement systems in Indonesia are rife with practices of
torture, making more vulnerable to torture. For example, Mr. Rodrigo Gularte (42) a
Brazilian national executed in 2015 was suspected to have suffered from schizophrenia.
17
Notes from Gerkatin based on their advocacy work.
18
This will be incorporated into the Draft of Government Regulation (RPP) concerning Decent
Accommodation in Judicial Processes, which is being developed by the government. However, as long as
affirmative actions are nonexistent, the legal systems in Indonesia will continue to see people with mental and
intellectual disabilities as lacking legal qualifications. Many of the problems facing people with mental and
intellectual disabilities arise not only during the legal processes at the court but also in the earlier stages.
19
The case was recorded by Koalisi DPOs in 2018.
Nevertheless, the government proceeded to execute him despite medical records from doctors
and hospitals stating that the convict had long endured depression. 20
48.
Mr. Wendra Purnama (22), an intellectually impaired man who was found guilty of
drug abuse and subsequently detained in Tangerang Juvenile Detention Center, was released
by the Panel of Judges of the District Court of Tangerang in July 2019 after several trials.
This case because he was deemed to be lacking legal qualifications to be legally responsible
for his perpetration, as is also explained in Article 44 of the Indonesian Criminal Code.21
Article 16: Free from Exploitation, Violence and Abuse
49.
Indonesia does not have any independent and comprehensive mechanisms to deal
with violence, exploitation and other forms of human rights violations against PWDs. Law
No. 8/2016 mandates the establishment of the National Commission on Disabilities (KND),
yet the Commission is still nonexistent. The Government is allegedly reluctant to set up an
independent commission that operates outside the Ministry of Social Affairs. The latest draft
of Presidential Regulation on the Establishment of KND places the Commission under the
purview of the Ministry of Social Affairs.
50.
DPOs oppose the plan arguing that KND will not operate independently if put under
the Ministry. The Ministry, however, insists on executing the plan because of the budget cuts
that make it difficult to set up a new, independent institution. The Government does not seek
out other options to ensure the independence of KND and the institution‘s future budgeting.
51.
Various forms of exploitation against PWDs are still widespread. There are cases in
which PWDs are forced into begging, as what happened to Feryadi (35), a man with mental
disability in Jakarta.22 Other than that, exploitation is perpetrated against those PWDs who
have done criminal offences (especially related to drug abuse)23 and low-wage workers.
20
―Indonesia urged not to execute Brazilian Rodrigo Gularte, who has been diagnosed as mentally ill‖,
19 February 2015, https://www.theguardian.com/world/2015/feb/19/indonesia-urged-not-to-execute-brazilianrodrigo-gularte-who-has-been-diagnosed-as-mentally-ill; ―'Am I being executed?' Brazilian killed by Indonesia
unaware until end, says priest‖, 30 April 2015, https://www.theguardian.com/world/2015/apr/30/brazilianexecuted-by-indonesia-was-hearing-voices-all-the-time
21
―Wendra, Man with Intellectual Disability Tried for Bringing 0.23 Grams of Methamphetamine,‖
Tirto.id, March 26, 2019, read more on: https://tirto.id/dkij; ―Reasons why District Court of Tangerang Set
Wendra Purnama Free,‖ Tirto.id, July 4, 2019, read more on: https://tirto.id/edAW; ―Intellectually impaired
drug
defendant
found
guilty,
but
walks
free‖,
Wed,
July
3
2019,
https://www.thejakartapost.com/news/2019/07/03/intellectually-impaired-drug-defendant-found-guilty-walksfree.html
22
In 2015, Feryadi was arrested by the Central Jakarta Social Affairs Agency. Investigation threw light
on the fact that Feryadi was a victim of exploitation by a woman. Feryadi had endured this situation since 2001.
He and 96 other victims would be deployed to beg across Jakarta. ―These PWDs became victims of
exploitation.‖ December 3, 2012, accessed from https://wartakota.tribunnews.com/2015/12/03/penyandangdisabilitas-ini-jadi-korban-eksploitasi
23
Such as Wendra Purnama‘s case.
52.
Media companies are complicit in that they often turn the heart-wrenching stories of
PWDs into a commodity, focusing specifically on their poverty and sadness.24 It further
reinforces the stereotypes around PWDs.
53.
Exploitation against PWDs is also pervasive among institutions that receive funds
from the government to run disability programs. In Makassar, South Sulawesi, 6,280
fictitious Special Needs School (SLB) students were detected in 2017. Allegedly, this data
was made up in order to obtain more financial assistance from the government.25 Other cases
in Makassar include PWDs being locked up for a month and forced to consume drugs, raped
or sold into sex slavery.26
54.
A person with disability was sexually harassed by the social worker of Social Affairs
Agency of West Java Province, who was participating in a training at Rehabilitation Center
for Persons with Disabilities (BRSPC) in Cibabat, Cimahi.27
55.
In 2017, a student with disability at Gunadarma University became a victim of
bullying. This case went viral after a video showing this scene was shared on social media.
The video showed the victim being bullied by other students, who pulled his bag as he was
walking. The victim defended himself by throwing a trash bin at the perpetrators. Other
students who watched this scene were laughing at the victim instead of lending a helping
hand.28
Article 18: Liberty of Movement and Nationality
56.
Article 28E Paragraph 1 of the 1945 Constitution of Indonesia guarantees freedom of
movement and nationality, as also set out in Articles 5 and 25 of Law No. 8/2016. The right
to nationality is also stipulated in Law No.23/2006 concerning Population Administration,
related to Law No. 24/2013.
57.
Some challenges in the fulfilment and protection of human rights are explained
below:
a. It is difficult for PWDs to obtain ID cards. The baseline survey conducted by
SAPDA in 2015 reveals that many PWDs do not have ID cards.
24
This statement was made by Remotivi, a civil society organization working to monitor televised media
in Indonesia. ―Media often exploit the sadness of PWDs,‖ Gatra.com, December 3, 2019, accessed from
https://www.gatra.com/detail/news/460067/gaya-hidup/media-kerap-eksploitasi-kesedihan-penyandangdisabilitas.
25
https://makassar.antaranews.com/berita/82867/6280-data-siswa-di-sulsel-diduga-fiktif
26
https://www.sulselsatu.com/2018/11/27/makassar/perdik-siap-kawal-difabel-bisu-yang-menjadikorban-pemerkosaan-dan-trafficking.html)
27
http://rri.co.id/post/berita/683380/sigap_polri/seorang_penyandang_disabilitas_jadi_korban_pencabula
n_di_cimahi.html
28
https://tirto.id/mahasiswa-berkebutuhan-khusus-gunadarma-jadi-korban-bully-csPd
b. Some PWDs do not have family certificates, rendering them unable to access
some public services.
c. There is no reliable national data on the number of PWDs who do not have ID
cards, family certificates, marriage certificates, and other documents, making it
difficult to provide necessary services to them.
58.
Accessible and decent facilities are often unavailable to people with certain types of
disabilities. For example, access to passport is constrained by the requirements to have
fingerprint, facial photo and so on. Mr. Matis, who was previously affected by leprosy, was
unable to make a fingerprint. This also happens to people with physical disabilities. A person
with disability was made to lean her body over so that the camera could capture her face. It
also happens to people with severe and psychosocial disabilities, as well as people with CP,
who cannot stand still.29
59.
There remain barriers to PWDs‘ international or air travels. DA, a female wheelchair
user, was denied entry by Etihad Airways when she was traveling alone. The case was
proceeded to the Ministry of Transportation, but the process was deemed discriminatory.
Finally, the case was proceeded to South Jakarta Court, bringing together Etihad Airways,
Indonesian Government, and Soekarno-Hatta Management. The Court decided that Etihad
Airways was guilty and instructed them to provide compensation for it.
60.
PWDs are obliged to sign a statement of sickness before boarding an aircraft. This is a
form of discrimination because by forcing PWDs to sign the letter, they will be responsible
for any risks (photo of the letter attached in the Endnote). On December 5, 2018, EL, a
woman with disability in East Nusa Tenggara was denied entry by Wings Air because she
refused to sign a statement of sickness. ii
Article 20: Personal Mobility
61.
There are legal frameworks that guarantee freedom of movement, both within and
outside the jurisdiction of Indonesia. Article 23 of Law No. 8/2016 concerning the Rights of
PWDs specifies the rights of PWDs, despite the confusion as to the State‘s obligations to
assess the needs of individual mobility of PWDs.
62.
Article 131 of Law No. 23/2007 concerning Rail Transportation regulates that rail
service providers must ensure accessible facilities for PWDs from the moment they board the
train to the moment they alight. This article, however, has not been implemented. Ramps are
unavailable almost in all train stations for both short- and long-haul train operations.30 Article
29
30
Reported by the PWDs themselves who also participated in the drafting of this report.
This can be seen from inaccessible facilities to allow PWDs to board and alight from the train, as well
as inaccessible platforms and administrative services.
42 of Law No. 17/2009 concerning Shipping also specifies the same principle, yet it has not
been implemented either.
63.
PWDs face barriers to mobility because adaptive tools for PWDs are scarce due to the
limited number of domestic producers. The Ministry of Social Affairs has an initiative to
provide adaptive tools, yet there are faults in the assessment process. As a result, the tools are
short of quality standards. The National Insurance Scheme (BPJS), however, does not cover
the purchase of adaptive tools.
64.
Awareness about the need for adaptive tools has not been mainstreamed across the
government at all levels. Because of the participation of DPOs, however, some villages took
the initiative to provide adaptive tools for their residents. The provision of adaptive tools
depends largely on the initiative of each regency/municipality. At the national level, thinktank organizations have not done research to create affordable adaptive tools for PWDs.
Article 21: Freedom of Expression and Opinion, and Access to Information
65.
Article 28 letter (E) of the 1945 Constitution of Indonesia, Law No. 9/1999, Law
No.14/2008 concerning Public Information Disclosure, and Law No. 8/2016 guarantee the
right to express opinions and obtain information. The Government Report mentions that the
Law on Information and Electronic Transactions (UU ITE) guarantees access to information;
in practice, however, this Law is used to curb freedom of expression under the pretext of hate
speech or defamation. In an information dissemination event for PWDs, the head of Teras
police department warned PWDs to use social media wisely in order to avert UU ITE-related
problems.31
66.
Until today, sign language interpretation in governmental events is limited because of:
1) the absence of mandatory budgeting at the national level; 2) confusion as to which
institution is meant to certify sign language interpretation and; 3) the difference between SIBI
(Indonesian Sign Language System) and BISINDO (Sign Language and Sign Language
System).32
67.
The Government does not facilitate sign language courses. Special Needs Schools
tend to use the government version of sign language, while most people with hearing
disabilities are more familiar with BISINDO. As a result, the writings of those more familiar
with SIBI are difficult to understand and incongruous with writing conventions.
68.
Until today, no media platforms are accessible to people with all forms of disabilities.
Several TV stations provide sign language interpretation only during news programs. This is
31
https://tribratanews.jateng.polri.go.id/2019/02/25/sosialisasi-pemilih-disabilitas-kapolsek-teras-ajakhindari-jerat-uu-ite/
32
Indonesia has two sign language systems. The Agency for Language Development uses BISINDO,
while the Directorate-General for Special Education and Special Service Education uses SIBI. People with
hearing disabilities are more familiar with BISINDO, while government is more familiar with SIBI.
because the Government has not imposed any regulation on media outlets to provide sign
language interpretation for all sorts of programs.
Article 22: Respect for Privacy
69.
Indonesia does not have any law to protect personal data and privacy, including those
of PWDs. The Constitution, Law on Human Rights and Law No. 8/2016 guarantee the
protection of privacy, yet they do not specify measures for implementation and sanctions for
violations of such principles.
70.
Several notable cases around the topic of personal privacy are listed below:
a. In the context of elections, due to inadequate and inaccessible facilities, PWDs
often require the company of assistants when they cast vote. In practice, however,
these assistants are affiliated with one of the participating political parties. As
such, PWDs lack privacy, one of the principles of general elections.
b. PWDs are not recognized as legitimate subjects of law. Consequently, they
require assistance from other people in performing their activities; they have to
use somebody else‘s identity to open a bank account, reducing their control and
freedom over their account.
c. PWDs with certain disabilities need the company of their assistants during
doctor‘s appointments because of the doctors‘ lack of knowledge of sign
language.
d. There are cases in which PWDs‘ pictures are shared widely without their consent,
thus violating their privacy.
Article 24: Education
71.
Various Indonesian laws guarantee the right to education, including for PWDs. The
Ministerial Regulation No. 70/2009 concerning Inclusive Education for Students with Special
Needs stipulates that children with special needs are entitled to regular education. This
Regulation governs that regency/municipal government must appoint at last one primary
school and one junior high school in each sub-district. Ten years after the adoption of this
Regulation, nevertheless, there is no significant increase in PWDs‘ formal school attendance.
72.
A national survey conducted in 2009 shows that PWDs‘ school attendance is very
low. School attendance among children with disabilities aged 7-12 is 46.32%, while the rate
for children aged 13-15 is 29.75%, and 16.91% for those aged 16-18.33 The data from
Disability Working Group shows that in 2015, out of 21 million PWDs in Indonesia, only
33
Results of national survey conducted by Statistical Bureau of Indonesia 2009.
12% or 2.5 million PWDs were in school.34 Meanwhile, the Ministry of Education and
Culture recorded that in 2018, as many as 91,000 PWDs were enrolled in inclusive schools.35
73.
There is big discrepancy in school attendance between PWDs and non-PWDs.
Statistics show that in 2018, out of 1.6 million children with disabilities aged 5 and above,
only 5.48% were in school. Meanwhile, the rate for non-disabled children amounted to
25.83%. School absence rate among PWDs was 23.91%, while the rate for non-disabled
children for the same category reached 6.17%. 70.62% of children with disabilities did not
continue their studies.
Comparison of School Attendance between PWDs and non-PWDs based on Age
201836
Age Groups
PWDs’ School
Non-PWDs’ School
Attendance (%)
Attendance (%)
7-12
91,12%
99,29%
19-24
12,96%
24,53%
Source: Statistical Bureau of Indonesia, 2018
74.
The Government passed the Education Ministerial Regulation No. 70/2009, which
governs various aspects of inclusive education, including the minimum number of inclusive
schools (1 primary and 1 junior high school at sub-district level, and 1 senior high school at
regency level), resources, infrastructure, curricula, expert staff, and evaluation.
75.
Several challenges and barriers to the effective implementation of inclusive schools
are listed below:
a. Children with intellectual disabilities are denied entry to regular schools because
they are deemed incapable of keeping pace with the curricula. This decision is
made purely based on outward appearances of the children without proper
assessment.37 Moreover, some schools list IQ tests as one of the admission
34
https://wartakota.tribunnews.com/2018/12/04/hanya-25-juta-penyandang-disabilitas-di-indonesia-bisabersekolah.
35
https://edukasi.kompas.com/read/2019/11/28/14021431/jumlah-data-masuk-siswa-disabilitas-disekolah-inklusif-masih-sedikit?page=all.
36
https://databoks.katadata.co.id/datapublish/2019/08/29/pada-2018-hanya-548-penyandang-disabilitasyang-masih-sekolah
37
Between 2016 and 2018, YAPESDI received reports from 5 to 8 parents whose children were denied
admission because of the IQ test requirement. Such cases were not brought up to the surface because parents
tended to be too ashamed of the situation; consequently, some parents chose to send their children to private
schools, which are expensive, or worse, they would not send their children to school believing that the
children‘s low IQ meant that schooling was useless. This might be the reason why it is rare to find adults with
requirements. Other reasons include the unavailability of supporting infrastructure
or teachers.38
b. Ministerial Regulation No. 70 has not been well disseminated, and inclusive
schools are not available in all sub-districts in Indonesia.39 As of 2017, there were
31,724 inclusive schools (7000 sub-districts across the country).40
c. Societies and teachers in general are not familiar with the concept of inclusivity.
Students with disabilities continue to be marginalized, bullied, stigmatized, and
discriminated against.
d. Accessible school infrastructure and facilities are still scarce. The Ministry of
Education has not revised the curricula comprehensively so that students are
taught based on the old curricula, or they forcibly use the curriculum of
Extraordinary School (SLB).
e. There is limited number of teaching staff in inclusive schools. Inclusive teachers,
often called Guru Pendamping Khusus (GPK), are ‗borrowed from nearby SLB
twice a week. This is far less than enough, bearing in mind that classroom
teachers are generally reluctant to deal with students with disabilities; as such,
these students would be excluded from the lessons when inclusive teachers are not
present.
f. Wahana Keluarga Cerebral Palsy (WKCP) notes that the expenses of hiring GPKs
in many state and private schools in Yogyakarta, Surakarta and Makassar are
placed on the parents. These expenses can range from 1.5 to 4 million rupiahs per
month. Meanwhile, GPKs deployed by the government in inclusive schools
generally deal with slow-learning pace or mild disabilities.
76.
SLBs are still the main option taken by PWDs, and they receive more government
funds than inclusive schools. The Statistical Bureau notes that as of 2018, there were only
Down Syndrome in public spaces; parents may be too ashamed of making them socialize with their peers since
an early age.
38
This case was found in an inclusive school in Yogyakarta in 2017. The school told that since a child
with cerebral palsy and another child with ADHD already joined the class, it would not accept any more
children with cerebral palsy or ADHD because there was only one assistant teacher.
39
There is no national data on inclusive schools; however, data from Central Java province shows that
inclusive
schools
are
not
found
in
all
sub-districts
in
the
province
yet.
See:
http://www.bpdiksus.org/v2/index.php?page=sekink&cari=21.
40
https://www.kemdikbud.go.id/main/blog/2017/02/sekolah-inklusi-dan-pembangunan-slb-dukungpendidikan-inklusi
2000 SLBs across Indonesia,41 which is one-third of the number of sub-districts in Indonesia.
That said, there is only 1 SLB for three sub-districts.42
77.
The quality standards of SLBs should be increased in academic and vocational terms
so that students are better-prepared for job market. Several issues that arise in special
education are listed below:
a. SLB‘s curriculum is seldom updated. The revision of school curriculum in 2013,
for example, was not followed by the revision of SLB‘s curriculum. SLBs do not
always provide personalized lesson plan (PPI). In response to Paragraph 143 of
the Government Report, the standards set by the government for SLB type C are
very low. The curricula used for primary to junior high school levels are adopted
from kindergarten to primary 4 levels.43
b. There is very limited awareness about children with disabilities and proper
learning methods for them in SLBs. This results in many physical and sexual
abuses against PWDs. GERKATIN notes that almost in all SLBs, students with
hearing disabilities are forced to use verbal language because of the lack of
teachers who are capable sign language.
c. In SLBs type C for people with mental disabilities, the curriculum consists of 40%
academic and 60% vocational skills. Despite this, students are barely channeled to
internship or employment. In Kulon Progo, Yogyakarta, companies would rather
give charities to SLB graduates than employ them.
d. SLB curriculum does not include reproductive health education, which explains
the high number of sexual abuses against PWDs, such as forced sterilization and
incest.44
78.
The revision of Law No.34/2004 concerning Regional Government has put SLB
under the purview of the provincial instead of the central government. It also causes the
number of GPKs in inclusive primary and junior high schools to decrease dramatically. 45 In
Sukoharjo, Central Java, no GPKs are found in 5 inclusive primary schools; instead, the
schools have established a separate classroom for students with disabilities; once they
41
Statistical data gathered in 2018-2019 reveal that there were 579 state SLBs and 1,633 private SLBs
across Indonesia. See: Indonesia Educational Statistic in Brief 2018 – 2019, accessed at:
http://publikasi.data.kemdikbud.go.id/uploadDir/isi_03351F6F-A355-4531-9DC1-109E5E4C6C17_.pdf
42
Reported by Siswandi who servers as member of the Board of Indonesian Association for People with
Disabilities,
accessed
from:
https://wartakota.tribunnews.com/2018/12/04/hanya-25-juta-penyandangdisabilitas-di-indonesia-bisa-bersekolah
43
Based on the monitoring done by Yayasan Peduli Sindroma Down (YAPESDI) for the composition of
this report.
44
45
Shared by HWDI in the Report on the situation of women with disabilities in Indonesia.
This transfer of responsibilities has resulted in the non-recognition of SLB teachers‘ teaching hours
and accreditation.
graduate from the primary schools, they will continue their education at extraordinary junior
high schools.
79.
The Regulation of Ministry of Research, Technology and Higher Education No.
60/2018 concerning the admission of students into bachelor‘s degree does not uphold the
rights of PWDs. For example, personality tests such as BAUM Test (showing pictures of
humans, trees and homes) and DAP Test (showing human pictures) are incorporated into
admission tests (such as SNMPTN and SBMPTN).46 These tests hurt PWDs‘ chance of
getting admitted into universities. Some universities make IQ Tests one of the mandatory
components of their admission tests.
80.
The Government tends to neglect invisible disabilities and focused mostly on building
physical infrastructure, overlooking the utmost need for shadow teachers to assist students
who have various forms of disabilities.47 In 2017, a 4 grader student with disability at an
inclusive school was forced to move to an SLB because he was deemed incapable of
following the lessons. His mother refused it but ultimately bowed to the pressure. 48 Another
child with cerebral palsy was denied entry to a kindergarten because he was considered too
old.
Proposed List of Issues
-
Please explain the distribution of inclusive schools from primary to high school
-
levels in Indonesia, including the PWDs who go there and their types of
disabilities. What is the university attendance rate among PWDs?
How accessible are school buildings for various types of disabilities?
Article 25: Health
81.
Some regulations are in place to ensure PWDs‘ right to health; these include:
a. Health Minister Regulation No. 28/2017 concerning Guidelines on the
Implementation of Health Insurance Program guarantees the provision of assistive
devices to ease mobility, except for wheelchair, once every five years. This
program also covers 150 types of illnesses.49
46
Or other tests, such as DISC Test, which are intended to reveal one‘s personalities, or PAPI
Personality Test and IST Test to identify one‘s intelligence.
47
Based on the monitoring done by Yayasan Peduli Sindroma Down Indonesia (YAPESDI) for the
drafting of this report.
48
49
This case was attended to by WKCP in 2017.
Healah Minister Regulation No. 28/2014 concerning Guidelines on the Implementation of Health
Insurance Program
b. Health Minister Regulation No. 5/2014 concerning Guidelines on Clinical
Practices in Public Service Facilities serves as a tool of advocacy. However,
health services for leprosy patients in some areas remain scarce.50
82.
In response to Paragraph 151 of the Report of Indonesian Government, it is important
to note that down syndrome is no longer covered under the national health insurance scheme.
This places such considerable burdens on parents as each medical checkup, which should be
done at least once a week, costs around USD 10. Consequently, children with down
syndrome acquire other forms of disabilities, such as inability to walk.51
83.
WKCP have received reports about late cerebral palsy diagnosis, which ranges from 8
months to 1.5 years. Medically, diagnosis can be made since 1-3 months after birth. Early
identification will make treatment effective in optimizing the children‘s development. In all
of the 20 reported cases, parents were not told about the prognosis; thus, the treatment given
was incongruous with the condition.
84.
Early detection of leprosy helps prevent the development of other disabilities, as
explained in the guidelines made by the Health Ministry. This, however, is constrained by
many factors. Rostiwa Tabu in East Nusa Tenggara had been receiving treatment since 2019,
yet due poor health observation and the officer‘s lengthy leave from work, Roswita‘s
condition deteriorated and she died on December 16, 2019.
85.
In response to Paragraphs 154-157 of the Government Report, DPOs opine that
reproductive health education is not adequately provided to people with intellectual and
hearing disabilities, who are more vulnerable to sexual abuse. In SLBs, reproductive health
education is nonexistent.
86.
The government‘s definition of disabilities is limited to physical disabilities;
consequently, the existing regulations do not accommodate the needs for assistive devices for
other forms of disabilities. The Government has allocated some funds into National Mid-term
Development Plan (RPJMN) to provide assistive devices in all regencies/municipalities, yet
the implementation is not well monitored and there is confusion at the municipality level,
hampering the effective implementation of the program.
87.
Leprosy prevalence rate in Indonesia increased during 1954-1974. In 1954, 22,000
out of 79,025,881 people were affected by leprosy. In Sulawesi alone, 12% (3,095) of its
5,930,251 population were affected by leprosy. 20 years later, the number increased to
93,395 people out of 12,083,000 (Dali Amiruddin, in Leprosy: a clinical approach,
Hasanuddin University, April 2001). After Multi-Drug Therapy (MDT) was introduced in
1982, the number decreased to 60,000 people in 1990, and it has since been going down.
50
Based on report from Association of Leprosy Patients (Perhimpunan Mandiri Kusta Indonesia) in
Kupang, East Nusa Tenggara. In 2016, there was a false diagnosis of leprosy, which resulted in wrong
prescription.
51
Monitoring by Yayasan Peduli Sindroma Down Indonesia (YAPESDI).
88.
However, it is difficult to access MDT because of lengthy bureaucratic processes.
Due to decentralization, the central government has shifted some of its responsibilities to the
local government, but the latter has yet to take measures to ensure that MDT is widely
accessible. This problem happens in Greater Jakarta, Jambi and East Java, and other areas.52
89.
People cured from or live with leprosy are stigmatized, bullied, and effectively
excluded some all spheres of life by their communities; in some cases, they are disowned by
their own families.
90.
Some religious verses are used to reinforce the stigma against people with leprosy, for
instance, the widely quoted hadits from Bukhari, ―Walk away from people with leprosy, as
you walk away from wild lions.‖ It is unclear whether this hadits is verified.53
91.
The government designated a settlement for people cured from leprosy in Jogaya,
South Sulawesi. However, this attempt further excludes them from society and reinforces the
stigma against them.
Article 26: Habilitation and Rehabilitation
92.
The Government is preparing the Draft of Government Regulation (RPP) on
Habilitation and Rehabilitation as mandated by Law No. 8/2016, which is supposedly
adopted two years after the Law was passed. DPOs are engaged in the development of the
Draft, which retains some rehabilitation principles from Law No. 4/1997.
93.
The Government Regulation No. 52/2019 concerning Social Welfare for PWDs
stipulates the prevention and management of risks from social shocks, but it does not regulate
habilitation. Article 4 states that the Regulation covers: rehabilitation, social insurance, social
empowerment and protection. The Regulation explains that mental disabilities are to be
overcome through moral, spiritual and religious counseling.
94.
In the implementation of habilitation and rehabilitation, the Government has yet to
ensure the availability of reasonable accommodation. For example, health service centers do
not provide wheelchairs for children with disabilities.
95.
Habilitation and rehabilitation programs are charity-based, non-multi-sectoral and
poorly monitored. PWDs do not have social security despite having to bear more costs
incurred from their treatment.
96.
The Government is too focused on rehabilitation and overlooks habilitation. This
results in late treatment of PWDs, which causes other types of disabilities.
97.
Community-based Rehabilitation (RBM) is mostly run by non-PWDs without the
participation of PWDs themselves. RBM is a state-sponsored program meant to strengthen
CSR in providing assistive devices. RBM staff members are not equipped with the
52
53
Monitoring by Gerakan Peduli Disabilitas dan Lepra Indonesia (GDPLI).
A video documenting leprosy has been made
https://www.youtube.com/watch?v=OCGQfKnLbXc&feature=youtu.be
by
GPDLI.
Watch
here:
knowledge on how to run community-based rehabilitation programs so that many PWDs are
excluded from RBM.
98.
Efforts should be made to monitor rehabilitation centers because human rights
violations against PWDs are ironically higher in these centers.54
99.
The Government has run Mobile Social Service Units (UPSK) despite its medical
approach. Habilitation and rehabilitation approach should be enhanced in the implementation
of UPSK.
Article 27: Work and Employment
100. The right to work is guaranteed by the Constitution of Indonesia55, and PWDs‘ right
to work is guaranteed under Law No. 8/2016. The Draft of Government Regulation
concerning Employment of PWDs, which is supposed to be adopted two years after Law was
passed, is still being developed. Law No. 13/2013 concerning Manpower still retains the
derogatory phrase ‗penyandang cacat.‘
101. Law No.8/2016 obliges state and private institutions to reserve 2% and 1%
respectively to employ PWDs. However, the Government interprets 2% as the minimum
recruitment quota instead of manpower. The Ministerial Regulation (Ministry of
Administrative and Bureaucratic Reform/PANRB) No. 23/2019 stipulates that people with all
forms of disabilities can apply for any types of jobs. The Clauses that regulate special and
general application procedures are deemed discriminatory as they suggest that PWDs can
only take on certain jobs. PWDs also have to present a doctor‘s statement explaining the
degree of their disabilities.
102. Some vocational skills program are still targeted at people with physical disabilities,
ignoring other disabilities. The teaching materials are composed based on assumptions rather
than proper assessment of PWDs‘ needs. There are no monitoring and evaluation
mechanisms. Also, no follow-up programs are available, such as channeling the trainees‘
skills to employment or providing funds to help them set up their own business.
Article 28: Adequate Standard of Living and Social Protection
103. Law No. 111/2009 sees PWDs as people with social welfare problems. It has some
implications, including:
a. stigmatization of PWDs;
54
More information on this issue will be given in a separate Alternative Report by DPOs working on
mental disabilities.
55
Article 27 paragraph (2) of the 1945 Constitution of Indonesia.
b. the adoption of rehabilitation-oriented policies by Social Affairs Agency;
meanwhile Law No. 8/2016 mandates multi-sectoral policies. Inclusive Village is
put under the Social Affairs Agency although it is related to the Ministry of
Village Affairs.
c. mismatch between aids and disability types.
104. Disability Card was launched in 2017 but revoked afterwards because of practical
challenges. The Ministry of Finance declined to develop a Draft of Government Regulation
on Financial Concession as mandated by the Law, which hinders the provision of disability
services.
105. The Law concerning National Health Insurance does not cover basic health services
and special assistive devices and medication for PWDs. A new policy has been adopted to
halt therapy for cerebral palsy if no signs of improvement are observed, forcing parents to
bear the therapy costs.56 Similarly, leprosy patients in Sumber Glaga Mojokerto Hospital,
Tadjudin Halik Makassar Hospital and Sitanala Jakarta Hospital have to bear the treatment
costs and can only remain in the hospitals for 10 days.
106. Disability services are often provided to PWDs using poverty indicators; therefore,
PWDs who are deemed to come from rich family backgrounds are excluded from such
programs.
107. The Government does not have any quota for PWDs in all housing programs.
Article 29: Participation in Political and Public Life
108. Law No. 7/2017 served as a legal basis for the elections of House of Representatives
(DPR), Regional Representative Councils (DPD), Regional House of Representatives
(DPRD), and president in 2019—all at once. Although the rights of PWDs are guaranteed,57
there are various challenges in the implementation, including the unavailability of data as to
how many PWDs qualify to cast vote.
109. In practice, the General Elections Commission (KPU) did little in providing access to
PWDs; for example, there were very few campaign materials accessible to people with
various disabilities.58 KPU disseminated information to PWDs about how to cast vote, but
56
The case was found in Yogyakarta in 2019 involving 20 children with cerebral palsy. The case was
attended to by DPOs.
57
Article 27 paragraph (1) of the 1945 Constitution of Indonesia guarantees equality before law. This
principle is adopted into Article 5 of Law No.7/2017 concerning Elections that says, ―Qualified PWDs have the
same chance to run for DPR, DPD, DPRD and presidential elections or election organizer.‖
58
DPOs appreciate KPU‘s effort in providing sign language interpretation in news programs regarding
elections, such as presidential debates.
they did little in ensuring access to voting polls. In practice, many PWDs are unable to go to
voting polls because of constrained mobility.59
110. Below are some notes on Equal Access in 2019 Elections in Yogyakarta:
a. KPU did not have any fixed vote list for PWDs.
b. Difabike found that 23 voters with disabilities required assistance in visiting
voting polls.
c. In Bantul Regency, various vulnerable groups could not exercise their political
rights due to constrained mobility.
d. Some voting polls were not disability-friendly.
e. Only 2 out of 4 ballot papers (for president-vice president and regional house of
representatives) were equipped with braille.
f. Some people with mental disabilities resided in voting polls since the morning
but were told to return home.
Article 30: Participation in Cultural Life, Recreation, Leisure and Sports
111. Article 87 of Law No. 8/201660 acknowledges PWDs‘ rights to artistic works, but
there is little appreciation of PWDs‘ artistic works.
112. Some local governments that have adopted regulations on the rights of PWDs, such as
Bandung, Yogyakarta and Jakarta, are focused mainly on the social welfare, health services
and public facilities for PWDs, overlooking the need for artistic development.
113. There is little engagement of PWDs in artistic and cultural life. The Government
singles out PWDs who excel in sports and arts as a source of inspiration, no systemic change
toward increasing general PWDs‘ participation in artistic life is made. Mr. Fuad, one of
PWDs, explains, ―Our success, in education for example, is shown on TV, but there is no
concrete policy change that improves PWDs‘ access to education. It is seen as mere
entertainment.‖61
59
Some DPOs, such as Samasetara, Center for Improving Qualified Activity in Life of People with
Disabilities (CIQAL), Difabike, and Organisasi Harapan Nusantara (OHANA Indonesia), set up Accessibility
Movement for Democracy (GANDEM) in hope to provide mobility access to vulnerable groups, such as the
elderly with disabilities in Yogyakarta City, Sleman and Bantul. This includes fetching and bringing them home
from voting polls. This movement is meant to increase PWDs‘ participation in political life as mandated in
Article 13 of Law No. 8/2016 concerning Persons with Disabilities. In the 2019 Elections, we received 15
volunteers, 6 three-wheeled bikes (to carry wheelchairs), 12 wheelchairs, 2 motorbikes, and 3 cars. The
volunteers involved members of disability communities, students, automotive communities, and the general
society.
60
Article 87 of Law No. 8/2016 emphasizes: 1) Government and Local Government must develop the
artistic potentials of PWDs; 2) these potential development as stated in paragraph (1) includes: a. facilitating and
engaging PWDs in artistic and cultural life; b. developing artistic activities specifically for PWDs; c.
appreciating PWDs for the best artistic works.
61
Fuad is a PWD-activist who is currently pursuing a doctorate degree in one of the state universities in
Indonesia. His statement is quoted from a report from Center for Disability Service of the University of
Brawijaya and the British Council, Research Report: Mapping out arts and disabilities in Indonesia, pg. 53;
114. Very few programs and regulations are in place to increase PWDs‘ enthusiasm in
participating in artistic, sports and cultural life.
115. PWDs who work as artists, such as Mr. Totok, are at a disadvantaged position so that
they are forced to make a career shift.62
Proposed List of Issues
-
What efforts has the Indonesian government made to increase the participation of
PWDs in sports and artistic life? How do we ensure that the PWDs‘ artistic works
are appreciated?
Article 31: Statistics and Data Collection
116. The main issue in this regard is that there is no comprehensive and integrated data on
PWDs. The situations explained below illustrate this problem:
a. There is general distribution of disabilities based on National Socio-Economic
Survey (2012) and National Intercensal Population Survey (SUSENAS, 2015),
but there is no disaggregated and comprehensive (by name and by address) data
on disabilities.
b. The Center for Data Information (PUSDATIN) of the Ministry of Social Affairs
has such disaggregated data, but the data collection was done by volunteers and
did not cover all PWDs. Until 2019, PUSDATIN recorded less than 100,000
PWDs, while the estimated number is 21,107,575 PWDs.
c. The lack of data impedes the protection and fulfilment of PWDs‘ rights
according to CRPD.
d. The Government has not fully integrated disability indicators into Population
Census of 2020. Instead, these indicators will be used for a survey (rather than
census) in 2021.
117. One of the barriers to data collection is Article 12 of Law No. 16/1997 concerning
Statistics, which governs that, ―Sectoral statistics is carried out by relevant governmental
agencies, independently or together with the Bureau.‖ This Article does not allow for the
Bureau to collect data on PWDs; rather, the collection of data on PWDs is to be done by the
Ministry of Social Affairs, as stated in Article 117 of Law No. 8/2016 concerning PWDs.
118. Therefore, the Population Census does not contain information on PWDs according to
names and addresses, while the Ministry of Social Affairs does not prioritize this nation-wide
accessible
here:
https://www.britishcouncil.id/sites/default/files/laporan_penelitian_pemetaan_kesenian_dan_disabilitas_di_indo
nesia.pdf
62
Center for Disability Service of the University of Brawijaya and the British Council, Research Report:
Mapping out arts and disabilities in Indonesia, pg. 60.
data collection either. As long as this data is unavailable, it will be difficult to ensure the
effective implementation of government programs for PWDs
119. Until 2019, Indonesia did not have data on:
a. the actual number of PWDs and their types of disabilities;
b. the number of PWDs accessing social services, including the ownership of legal
documents;
c. formal and informal school attendance rates among PWDs;
d. workforce participation, types of jobs, age ranges of people with various forms
of disabilities;
e. Integrated Data on Social Welfare (DTKS) for PWDs.
Proposed List of Issues
1) Why is the disaggregated and comprehensive data on PWDs unavailable?
2) How does the Indonesian government deal with the differing responsibilities between
the Statistical Bureau and the Ministry of Social Affairs? Has the Population Census
of 2020 incorporated data on PWDs (Washington Group Guidelines)?
3) How does the Indonesian Government, through SIMPD-PUSDATIN, quickly collect
data on the number of PWDs?
4) How Indonesian government ensure that deaf persons has sign language support
during the survey? And blind person has access to braille form?
Endnotes:
i
Example of guiding block
(Pic 1: Guiding block used for parking of motorcycle; Jakarta, 12/7/18)
Pic 2: Guiding block in Solo. After the protest from DPOs, local government suddenly reconstruct the guiding
block (Solo, Central Java, November 2019).
ii
Form from the Airways that should be signed by disability before takeoff.