DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> Didi Tarsidi: Counseling, Blindness and Inclusive Education: Fulfillment of the Rights of Persons with Disabilities in Indonesia
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    02 December 2018

    Fulfillment of the Rights of Persons with Disabilities in Indonesia




    DR. Didi Tarsidi School of Postgraduates UPI

    Presented at
    International Conference on Sustainability Development Goals for Persons with Disabilities
    Yogyakarta, Indonesia, 23-25 November 2018


    Introduction


    People with disabilities have the same rights as everyone else. However, for a number of reasons they often face social, legal, and practical barriers in claiming their human rights on an equal basis with others. This situation is commonly due to misperceptions and negative attitudes toward disability.
    Persons with disabilities have long fought to have their human rights formally recognized in human rights law. Therefore, they have become in higher spirit when in 2006 the United Nations General Assembly adopted the Convention on the Rights of Persons with Disabilities (CRPD), the first convention that specifically addresses the human rights of people with disabilities. It is to be noted that this convention does not create new or special rights for people with disabilities, it is only trying to make the rights more “tangible”.

    CRPD was ratified in Indonesia in 2011 by the Law No. 19/2011. Following this, a new law, Law No. 8/2016 on Persons with Disabilities (henceforth referred to as LPD2016), was adopted in 2016. The contents of this law are in line with the UN CRPD, and is to replace the Disability Act 1997.
    The LPD2016 emphasizes to respect, protect, and fulfill rights in 22 areas including the rights most struggled for, i.e. accessibility, education, and employment, which my discussion will focus on.

    The fulfillment of the Right to Accessibility

    The right to accessibility is stipulated in article 9 of the CRPD and in article 18 and other related articles of the LPD2016.
    CRPD stipulates that, to enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications, including information and communications technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas.

    These measures, which shall include the identification and elimination of obstacles and barriers to accessibility, shall apply to, among other things,
    (a) Buildings, roads, transportation and other indoor and outdoor facilities, including schools, housing, medical facilities and workplaces;
    (b) Information, communications and other services, including electronic services and emergency services.

    Accessibility of the Physical environment

    Regarding the accessibility of the physical environment, Indonesia has the Regulation OF the Minister of Public Work Number 30/PRT/M/2006 concerning Technical Guidelines for Facilities and Accessibility in Buildings and Environment. This regulation has been enacted since 2006 but its implementation in the community has not been fully realized. However, it is encouraging to see that some aspects of buildings and the environment in several major cities have been made accessible; for example the installation of ramps and guiding blocks, audio and tactile signs for the benefit of wheelchair users and people who are blind or visually impaired. It is hoped that the enactment of LPD2016 will further promote the installation of accessibility features in public buildings and physical environment in Indonesia that will benefit all people with different categories of disabilities.

    Accessibility of Public Transportation

    Stipulations regarding the rights of persons with disabilities to the accessibility of public transportation are contained in the Minister of Transportation Regulation of the Republic of Indonesia Number PM 98 of 2017 concerning Provision of Public Transportation Services for Persons with Special Needs.
    The regulation, among others, stipulates that accessibility for service users with special needs at least includes:
    a. aids for getting on and off the vehicles;
    b. safe and easy-to-manipulate vehicle doors;
    c. information about the trips in accessible formats;
    d. accessible special signs / instructions in the service areas;
    e. priority seating and accessible toilets; and
    f. provision of assistive facilities.

    As expected, these facilities are not yet fully available and are even very rarely found in public transportation service facilities because this Regulation is only one year old. Article 8 of the regulation states that the provision of accessibility for passengers with special needs shall be made available gradually. However, there are signs to show that special attention has begun to be paid to travelers with disabilities. For example, the government of Bandung city has provided several buses specifically designed for passengers in wheelchairs.
    Perhaps partly because of the LPD2016 AND THE ABOVE MINISTERIAL regulation, and partly because of THE advocacy efforts MADE by organizations of persons with disabilities, there have been significant improvements in airline services for passengers with disabilities. Until a few years ago, there was frequent resistance by airlines to take prospective passengers with disabilities. Now in a number of airports there are special service desks to serve passengers with disabilities, and some airlines even provide information sheets in Braille.

    Information and comunication Accessibility

    LPD2016 stipulates that persons with disabilities have the right to information in accessible formats about various public services that are available to all other citizens. The accessible formats can be Braille, audio, large print, electronic information, sign language, simplified language, or augmentative communication.
    So far, the provision of information in accessible formats still seems to be an exclusive task of institutions specifically for people with disabilities. Otherwise, the information can be accessed through assistive technology including computers and smartphones with speech screen readers that can be obtained by people with disabilities who can afford them on the open market although only a small percentage of these people who are lucky enough to have this privilege. Governments in a number of countries have a special scheme to help persons with disabilities to obtain such assistive technology.

    The fulfillment of the Rights to Education

    The right to education for persons with disabilities is stipulated in article 24 of the CRPD and in article 40-43 of the LPD2016.
    In LPD2016, the right to education includes the right to education in a special school or a general school wih inclusive education services. For the sake of the success of their education, persons with disabilities have the right to obtain compensatory skills that are in accordance with their special needs, and they are entitled to be provided with reasonable accommodations.
    Compensatory skills include, among others, Braille skills and orientation and mobility skills for the blind and sign language skills for the deaf.
    Reasonable accommodation means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms.
    Education services for persons with disabilities by the Indonesian government has been provided since the beginning of the Republic of Indonesia's independence, when the first Education Act was issued in 1952. The Education Act stipulates that special education services shall be provided for persons with disabilities. The enactment of the law has encouraged the establishment of a number of new special schools for children with different categories of disabilities.

    In the late 1970s integrated education began to be developed, and towards the end of the 1990s the development of inclusive education was initiated. Currently, the implementation of inclusive education in primary and secondary education is based on the Minister of National Education Regulation No. 70 of 2009 on Inclusive Education for Students with Disabilities and the Gifted.

    The Ministry of Education and Culture statistical data 2017 shows that there are 2070 special schools in Indonesia with 121,244 students. In addition,according to the National Socio Economic Survey (Susenas) data, around 500 thousand children with special needs attend general schools with inclusive education services. Despite the significant increase in school enrollment rate, UNICEF Indonesia says that 67 per cent of school aged children with disabilities are out of school.

    On the other hand, education services for persons with disabilities in higher education is based on the Minister of Research, Technology and Higher Education Regulation Number 46 of 2017 on Special Education and Special Service Education. Furthermore, the Directorate General of Learning and Student Affairs, the Ministry of Research and Technology and Higher Education, has also published a Guide to Disability Services at Universities. According to a news article in the Directorate General of Learning and Student Affairs page (belmawa.ristekdikti.go.id, 09/05/2018), currently more than 70 universities in Indonesia have accepted students with disabilities. More than 400 students with different categories of disabilities are enrolled in various science disciplines.
    The fulfillment of the Right to Work and Employment

    The right to work and employment is contained in Article 27 of the CRPD and in Article 11 and other related articles of the LPD2016. They stipulate to recognize the right of persons with disabilities to work, on an equal basis with others, that includes the right to the opportunity to gain a living by work freely chosen or accepted in a labour market and work environment that is open, inclusive and accessible to persons with disabilities.
    The LPD2016 also stipulates a quota of at least two percent of jobs in government entities and state-owned enterprises and at least one percent of jobs in private enterprises for workers with disabilities.

    According to the Demographic Institute, University of Indonesia (2014), persons with disabilities are more likely to be self-employed, even though they report difficulties in obtaining access to credit in order to establish businesses. Some people with disabilities reported success in obtaining employment but found the existing laws and programmes not very helpful. There was no systematic effort to make governmental training programmes effective or to enforce Indonesia’s laws on disability and employment. Many people experienced a lack of training, education, and access.

    A study conducted by the Institute for Economic and Social Research, University of Indonesia (2017), shows that labour force participation of persons with disabilities is much lower than that of persons without disabilities. This is an indication of higher level of discouragement among persons with disabilities to be involved in the labour force. In relation to this, there is a higher rate of persons with disabilities who prefer other activities (not household and not schooling) over working. Taking job sector and status into account, persons with disabilities tend to have informal work status and avenues into the work force: agricultural sector, self-employed worker, home-based work, rural area, and informal job searches. In terms of job facilities and benefits, persons with disabilities tend to have insufficient facilities and a lower percentage of benefits/securities.

    In fact, a number of efforts have been made by the Indonesian government to expand job opportunities for persons with disabilities. Among others are the followings:
     Organizing job fair and expo of products by persons with disabilities;
     Presenting awards to outstanding employers of persons with disabilities;
     Organizing entrepreneurship training for persons with disabilities;
     Offering facilitation for companies intending to recruit workers with disabilities;
     Allocating quotas for persons with disabilities in the recruitment of prospective civil servants (although the quota does not reached 2 percent as mandated by LPD2016).

    Conclusion

    We can conclude that, in terms of legislation, the rights of persons with disabilities in Indonesia are well guaranteed. In addition to LPD2016, there are also various other rules and regulations that support the strengthening of the rights of persons with disabilities as citizens. What needs much more attention and more serious efforts is the implementation of these laws and regulations to get the rights fulfilled. Types of The efforts are also varied, both those initiated by the government and community organizations. What needs to be increased is obviously the frequency of the efforts and the scope of the target so that they reach more people, both people with disabilities and non-disabled people, thus more rights of persons with disabilities be fulfilled. To achieve this, it is also very important to give disability-right-awareness training to the public.

    References

    Adioetomo, Daniel Mont and Irwanto (Demographic Institute, University of Indonesia). 2014. Persons with Disabilities in Indonesia: Empirical Facts and Implications for Social Protection Policies. Jakarta: Tim Nasional Percepatan Penanggulangan Kemiskinan (TNP2K).
    Direktorat Jenderal Pembelajaran dan Kemahasiswaan. 2017. Panduan Layanan Mahasiswa Disabilitas di Perguruan Tinggi. belmawa.ristekdikti.go: http://belmawa.ristekdikti.go.id/2017/12/29/panduan-layanan-mahasiswa-disabilitas-di-perguruan-tinggi/ (retrieved 4 November 2018).
    Direktorat Jenderal Pembelajaran dan Kemahasiswaan. 2018. Pentingnya Keberpihakan Perguruan Tinggi Kepada Mahasiswa Berkebutuhan Khusus. belmawa.ristekdikti.go: http://belmawa.ristekdikti.go.id/2018/05/09/pentingnya-keberpihakan-perguruan-tinggi-kepada-mahasiswa-berkebutuhan-khusus/ (retrieved 10 November 2018).
    Institute for Economic and Social Research, Faculty of Economics and Business – University of Indonesia. 2014. Mapping Persons with Disabilities (PwD) in Indonesia Labor Market. Jakarta: International Labour Organization.
    Peraturan Menteri Pekerjaan Umum Nomor 30/PRT/M/2006 tentang Pedoman Teknis Fasilitas dan Aksesibilitas pada Bangunan Gedung dan Lingkungan.
    Peraturan Menteri Pendidikan Nasional Republik Indonesia Nomor 70 Tahun 2009 tentang Pendidikan Inklusif bagi Peserta Didik yang Memiliki Kelainan dan Memiliki Potensi Kecerdasan dan/atau Bakat Istimewa.
    Peraturan Menteri Perhubungan Republik Indonesia Nomor PM 98 Tahun 2017 tentang Penyediaan Aksesibilitas pada Pelayanan Jasa Transportasi Publik bagi Pengguna Jasa Berkebutuhan Khusus.
    Peraturan Menteri Riset, Teknologi, dan Pendidikan Tinggi Republik Indonesia Nomor 46 Tahun 2017 tentang Pendidikan Khusus dan Pendidikan Layanan Khusus di Perguruan Tinggi.
    Pusat Data dan Statistik Pendidikan dan Kebudayaan. 2017. Statistik Sekolah Luar Biasa (SLB) 2016/2017. Jakarta: Kementerian Pendidikan dan Kebudayaan.
    Undang-Undang Republik Indonesia Nomor 19 Tahun 2011 tentang Pengesahan Convention on the Rights of Persons with Disabilities (Konvensi mengenai Hak-Hak Penyandang Disabilitas).
    Undang-Undang Republik Indonesia Nomor 8 Tahun2016 tentang Penyandang Disabilitas.
    UNICEF Indonesia. 2017. Education and Youth: Challenges. https://www.unicef.org/indonesia/education.html (retrieved 7 November 2018).
    United Nations (13 December 2006). Resolution 61/106. Convention on the Rights of Persons with Disabilities.

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