Indonesia has a strong legal basis in ensuring the fulfillment of the rights of Persons with Disabilities (PWD), namely Law Number 8 of 2016 regarding Persons with Disabilities and Government Regulation (PP) Number 39/2020 regarding Decent Accommodation for Persons with Disabilities in Judicial Processes. Those laws give a mandate to each law enforcement institution also national and local governance to establish and develop appropriate examination standards for PWD in accordance with their respective authorities. Based on experiences that have occurred in several regions, namely West Nusa Tenggara, South Sulawesi, and Central Java, it can be seen that local governance and law enforcement institutions do not yet have policies/regulations governing appropriate examination standards PWD in conflict with the law. In addition, it also indicates the importance of the collaboration between relevant stakeholders, whether government, law enforcement, or other agencies/organizations related to disabilities. This project aims to deepen and expand the previous projects. The study was carried out to continue policy advocacy at the Supreme Court level to provide decent accommodation for people with disabilities (PWD) in accessing justice. In addition, the studywas also carried out to assist the collaboration of PWD Organization, Local Government, and Law Enforcement in West Nusa Tenggara in formulating legal aid policies and an integratedservice system for PWD who need access to justice. Meanwhile, the expansion of this project is carried out to encourage policies in the Indonesian Attorney General’s Office and the Indonesian National Police, as well as to implement best practices in other locations, namely West Java, East Java and East Nusa Tenggara. Withpractical experience and the book “Disabilities in Conflict with the Law: Regulatory Analysis, Judicial Practices, and Legal Aid” that has been compiled in the previous project, we will influence local government policies and law enforcement institutionsand strengthen the capacity and network of PWD Organizations so that access justice will be more inclusive for all.

For people with disabilities (PWDs) living in Indonesia, access to justice remains a challenge. Several factors coalesce to complicate access to justice for PWDs. These include difficulty in obtaining legal aid, the competence of law enforcement, and the lack of guidelines on how to handle cases involving PWDs. Even though equality before the law is guaranteed under Law No. 8 of 2016 on Persons with Disabilities, PWDs are still faced with unequal treatment before the law. Law enforcement agencies have not operationalised the law and subsequently, all issues involving PWD are dealt with under lex generalis, despite the fact that this does not guarantee equality before the law and leaves situations unsolved. Worse, women with disabilities, who are more likely to be victims of crimes, are not treated fairly.

PUKAT UGM is a research institute in law and anti-corruption at the University of Gajah Mada. It is concerned with issues encompassing governance, democratisation, community legal empowerment, law enforcement, prevention of corruption in local governments and regulations on anti-corruption issues. The institute has been implementing the Justice for Disability project whose goal is to ensure that PWDs have equal access to justice.

PUKAT UGM has successfully formulated two important documents, namely: a) documents concerning regulation review, and b) regulation implementation review about the access to justice for PWDs. These documents are important because they have been used as a baseline study when formulating a new regulation. PUKAT UGM also has formulated a module on access to justice for PWDs. This module is used for a capacity building program that is intended for Disabled People Organizations (DPOs) and law enforcers in the focus area. The project also successfully implemented capacity-building activities for PWDs through serial workshop activities. This provided legal education through DPOs in each focus area to enable rightsholders to voice their aspirations and rights. In addition, the project provided capacity building to legal aid institutes and advocates in each focus area with the aim of developing their capability in providing legal aid to PWDs. Finally, the project successfully advocated for the draft Supreme Court regulation on standard operating procedures in handling cases implicating PWDs. The final draft regulation was handed over to and accepted by the Supreme Court.

“It’s an honour for us in PUKAT UGM to be invited by the PWD’s organization to share our outcomes from the Voice project on our input to the draft of the Supreme Court Regulation. For us, it is also the reflection of the appreciation from PWDs community that we are also learn a lot from them.” –Zaenur Rohman. Program Coordinator PUKAT UGM

One of the key achievements of the project has been in influencing and facilitating stakeholders or agencies in the focus area to be more active in playing a role and providing adequate accommodation for PWDs in conflict with the law. This role is varied and depends on the functions and abilities of each stakeholder or agency. For example, cooperation MoUs between stakeholders or institutions in the context of handling PWD in conflict with the law, Standard Operational Procedure (SOP) for PWD services in conflict with the law, and formulation of new policies or regulations that implicate PWD.

From the PWDs’ perspective, this project provided benefits in the form of capacity building and understanding of how to obtain legal rights and participate in policy advocacy regarding disability rights in general, for example, public service rights, education rights, citizenship right, etc.

Another significant change resulting from the project is the increase in the government’s awareness (at the national and regional level) in formulating regulation which supports access to justice for PWD. Because of the project activities, governments, Disabled People Organization (DPO), or other relevant non-government institutions are motivated to know and understand about PWDs. In addition, law enforcers are also interested to adopt the approaches and materials from PUKAT.

Draft Supreme Court Regulation:

GUIDELINES FOR JUDGING A CASE RELATED TO PERSONS WITH DISABILITIES IN CONFLICT THE LAW

Link:https://drive.google.com/file/d/1gFuYdhP27l1WhPM4-wfWbr8IhC3AxFIn/view?usp=sharing

Document Study: Implementation of Local Policies in Legal Protection for Persons with Disabilities

Link: https://drive.google.com/file/d/1OT8LR6YEEJr6de8eF1HdT_BFq729_kML/view?usp=sharingModule:

The Disables in Conflict with the Law

Link:https://drive.google.com/file/d/1Lu3ldENXxRRNoY3Luz_SJYIVs2kcqgSt/view?usp=sharing