Government Obligations Towards Persons with Disabilities in

Fulfillment of Public Sector Facilities

Nila Trisna and Ilka Sandela

Universitas Teuku Umar, Alue Peunyareng, West Aceh, Indonesia

Keywords: obligations, persons with disabilities, public sector

Abstract: One of the policies towards fulfilling the rights of persons with disabilities is Law Number 8 of 2016

concerning Persons with Disabilities. Persons with disabilities should get the fulfillment of equal opportunities

in all aspects of state and community administration, including the provision of accessibility and proper

accommodation in fulfilling the public sector. The implementation and fulfillment of the rights of persons

with disabilities is aimed at realizing a higher quality, fair and dignified standard of living for persons with

disabilities. In addition, the implementation and fulfillment of rights is also aimed at protecting persons with

disabilities from exploitation and all discriminatory actions. Based on these conditions, it is important to study

further about the government's obligations to persons with disabilities in fulfilling public sector facilities and

what obstacles are faced by the government in carrying out obligations to persons with disabilities in fulfilling

public sector facilities. This research is library research using analytical descriptive method. Based on research,

it shows that persons with disabilities have not had the opportunity to fulfill equality in all aspects of state

administration, especially the fulfillment of rights in public sector facilities. It can be seen that there is still

neglect and all discriminatory actions against persons with disabilities, especially in fulfilling their rights as

citizens.

1 INTRODUCTION

Every citizen has equal rights, equal opportunities,

and equal standing before the law. The 1945

Constitution guarantees the fulfillment of the rights of

every Indonesian citizen without distinguishing from

each other, including for persons with disabilities.

People with disabilities are also classified as one of

the vulnerable groups. Vulnerable groups are the

groups that most often receive discrimination

treatment and their rights are often not fulfilled. This

is not without cause, because people with disabilities

are often considered as the disabled people who get

the most discrimination treatment and there are many

other rights that have not been fulfilled for people

with disabilities. Persons with disabilities should get

equal opportunities in all aspects of state and

community governance, including the provision of

accessibility and proper accommodation in the

fulfillment of the public sector. The implementation

and fulfillment of the rights of persons with

disabilities aims to realize a more quality, fair, and

dignified standard of life of persons with disabilities.

This accessibility is closely related to access to

justice. Where simply access to justice is defined as a

state and process by which the state guarantees the

fulfillment of the basic rights of its citizens based on

the 1945 Constitution and the universal principles of

human rights. As well as ensuring access for every

citizen to have the ability to know, understand, realize

and exercise these basic rights through formal and

non-formal institutions, supported by a good and

responsive public complaint handling mechanism, in

order to obtain optimal benefits and improve the

quality of his own life. In the Constitution of the

Republic of Indonesia 1945, it has firmly guaranteed

the rights of persons with disabilities. As contained in

Article 28H paragraph (2), states that everyone

deserves the convenience and special treatment to get

the same opportunities and benefits to achieve

equality and justice. One of the government's policies

to ensure the fulfillment of the rights of persons with

disabilities, namely by issuing Law No. 8 of 2016

concerning Persons with Disabilities. The existence

of the disability law is not only a legal umbrella for

people with disabilities, but also a guarantee that

people with disabilities avoid all forms of injustice,

violence and discrimination. In practice, there are

294

Trisna, N. and Sandela, I.

Government Obligations Towards Persons with Disabilities in Fulﬁllment of Public Sector Facilities.

DOI: 10.5220/0011566400003460

In Proceedings of the 4th International Conference on Social and Political Development (ICOSOP 2022) - Human Security and Agile Government, pages 294-299

ISBN: 978-989-758-618-7; ISSN: 2975-8300

 2023 by SCITEPRESS – Science and Technology Publications, Lda. Under CC license (CC BY-NC-ND 4.0)

obstacles in efforts to respect, protect and fulfill the

rights of persons with disabilities, namely there are

still no regulations at the local level that regulate in

detail and comprehensively each obligation of local

governments which is the mandate of Law

No.8/2016. In terms of programs and activities for

people with disabilities, it seems that they are still not

optimal in carrying out careful planning so that efforts

to respect, protect and fulfill the rights of persons with

disabilities can run according to needs and are

sustainable.

2 LITERATURE REVIEW

2.1 Government Obligations

The Law on Persons with Disabilities is the first step

in the (good will) of the Government to respect,

protect and fulfill the rights of persons with

disabilities. Furthermore, the Government is obliged

to prepare facilities, infrastructure and prepare human

resources that will carry out the implementation of

this Law with the aim of ensuring the fulfillment of

the rights of persons with disabilities are fulfilled; so

that the fulfillment of the rights of persons with

disabilities not only won on paper but carried out in

accordance with the objectives of the Convention on

Persons with Disabilities, namely advancing,

protecting and ensuring the equality of fundamental

rights and freedoms for all persons with disabilities

and respect for the dignity of persons with disabilities

as an (inherent dignity).

In 2011, through Law No. 19 of 2011, Indonesia

ratified the Convention on the Rights of Persons with

Disabilities (UN CRPD). The Convention helps

spread the view that persons with disabilities are

equal societies to other societies.

There are several rights - Rights of persons with

disabilities that must be fulfilled by the government,

namely:

1. Equality and Nondiscrimination Rights

Persons with disabilities have the right to equal

opportunities, with all of humanity before and under

the law. They are also entitled to equal legal

protection and benefits, without discrimination.

Discrimination is unfair treatment, which is done

to discriminate against individuals or groups.

Therefore, every country should prohibit all forms of

discrimination against disability, for any reason. In

addition, the state must ensure that persons with

disabilities have equal legal rights and protections.

2. Accessibility Rights

Accessibility rights as part of In society, then people

with disabilities also have the right to get the facilities

provided by the state for everyone. This includes

equality and equal opportunities for public facilities

and services.

It aims to give people with disabilities the

opportunity to live independently and participate

fully in all aspects of life. Not fulfilling accessibility

rights for persons with disabilities is the same as

imprisoning, alienating, and closing their rights to a

prosperous life.

3. Right to Life

Just like any other citizen, people with disabilities

also deserve the same opportunity to live. It is a moral

principle based on the belief that a human being has

the right to live and especially should not be killed by

another human being.

Persons with disabilities have six right to life that

must be fulfilled by the state, which include the right

to respect for integrity, not being deprived of life,

obtaining care and nurturing that ensures their

survival, free from neglect, shackling, confinement,

exclusion, threats, various forms of exploitation,

torture, cruel, inhuman, and degrading treatment and

punishment.

4. Right to Increase Awareness

People with disabilities are often overlooked in

various countries. This is due to the lack of

knowledge and socialization of disability awareness

in the community. Therefore, the state must give the

right to increase awareness to the community, to

persons with disabilities. For example, implementing

effective and appropriate policies in the community,

as well as advancing awareness-raising training

programs regarding persons with disabilities and the

rights of persons with disabilities.

This increased awareness of disability aims to

raise awareness of the entire community, including at

the family level, regarding persons with disabilities,

and to maintain respect for the rights and dignity of

persons with disabilities.

5. The Right to Freedom from Exploitation,

Violence, and Harassment

Exploitation, violence, and abuse are things that can

happen to anyone, including people with disabilities.

Therefore, the state must ensure that persons with

Government Obligations Towards Persons with Disabilities in Fulﬁllment of Public Sector Facilities

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disabilities are fulfilled their right to be free from all

forms of exploitation, violence, and abuse.

Persons with disabilities must be protected by law,

able to use the law, able to participate in all stages of

processes and procedures on the basic law of equality

with others in society.

2.2 Disabilities in Fulfillment

In Law No. 8 of 2016 provides an understanding of

Persons with disabilities is any person who

experiences physical, intellectual, mental, and or

sensory limitations for a long period of time who in

interacting with the environment can experience

obstacles and difficulties to participate fully and

effectively with other citizens based on equal rights.

People with disabilities have several types,

including: sensory disability, physical disability,

intellectual disability, mental disability. A person

with a disability may experience one or more

disabilities at the same time.

1. Sensory Disability

Sensory disability is the disruption of one of the

functions of the five senses, including netra, rungu

and or speech disabilities. Netra disability is a person

who has a vision accuracy of less than 6 per 60 after

correction or has absolutely no vision power. Speech

disorder is a term that refers to the condition of

malfunction of the auditory organs or loss of hearing

function and or speech function either caused by

birth, accident, or disease.

2. Physical Disability

Physical disability is impaired function of movement

including withered or stiff paralysis, paraplegy,

cerebral palsy (CP), due to amputation, stroke,

leprosy, and others. This condition can be caused by

illness, accident, or it can also be caused by a

congenital disorder. In people with physical

disabilities, there are abnormalities in body shape,

limbs or muscles, reduced function of bones, muscles,

joints, and nerves.

3. Intellectual Disability

Intellectual disability is a dysfunction or limitation of

both intellectually and adaptive behavior that can be

measured or seen that leads to a reduced capacity to

act in a particular way. People with intellectual

disabilities are people with mental development

disorders that are in principle characterized by the

deterioration of concrete functions at each stage of

development and contribute to the entire level of

(intelligence).

In addition to having limitations on intellectual

function, people with disabilities also have

limitations in terms of adaptability that cause

limitations in terms of communication skills, self-

care, home life, social skills, community

involvement, health and security, academics and

work ability.

The American Psychological Association (APA)

makes classifications of people with intellectual

disabilities based on intelligence levels or IQ scores,

namely:

- light (debil,) IQ score 55-70

- medium (imbesil), IQ score 40-55

- weight, IQ score 25-40

- very heavy, IQ score < 25

4. Mental Disability

Mental disability is impaired function of thought,

emotions, and behavior, among others:

- psychosocial, for example schizophrenia,

bipolar, depression, anxietas, personality disorders.

- developmental disabilities that affect the ability

of social interaction, such as autism and

hyperactivity.

5. Double Disability

Various disabilities can be experienced single,

multiple, or multi-term over a long period of time (at

least six months and/or permanent) and determined

by health workers.

People with multiple or multi disabilities are

persons with disabilities who have two or more

disabilities, including speech disability and netra-deaf

disability.

2.3 Public Sector Facilities

Given the large number of persons with disabilities

and strengthened by Indonesia's status as a country of

law, there is an obligation from the state to ensure that

the right of accessibility of persons with disabilities

to public facilities is also fulfilled as it is for normal

people. Article 9 of Law No. 19 of 2011 concerning

the Ratification of CRPD guarantees that persons

with disabilities or those with physical, mental,

intellectual or sensory disabilities are entitled to the

fulfillment of accessibility rights. This right is very

important in order to ensure the independence and

participation of persons with disabilities in all aspects

of life. Furthermore, it is strengthened by Article 5

paragraph 1 letter m of the Law on Disability which

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states that one of the rights of disability is

accessibility. For this reason, all public facilities

must be equipped with accessibility for persons with

disabilities. Public facilities are means provided and

used entirely for the public interest. Thus anyone has

the right to use and access this facility to the fullest.

Among them are public facilities are offices, roads,

bus stops, transportation and so on. Likewise, the

government is obliged to provide accessibility in this

public facility, so that people with disabilities can be

active as normal people.

Broadly speaking, the Law on Persons with

Disabilities regulates the variety of Persons with

Disabilities, the rights of Persons with Disabilities,

the implementation of respect, protection, and

fulfillment of the rights of Persons with Disabilities.

That way, later the law will strengthen better rights

and opportunities for people with disabilities. Starting

from the right to life, the right to get a decent job,

better education and ease of access to public facilities.

3 RESEARCH METHODS

The research method is the method used for certain

research in accordance with the objectives to be

achieved. This research uses a qualitative descriptive

approach. Descriptive research aims to accurately

describe phenomena that occur systematically,

actually, and accurately in accordance with existing

facts by collecting data, explaining and analyzing

objectively in the sense that the results of this study

will emphasize more on the description of the actual

research object.

In the qualitative approach the researcher makes a

complex picture, examines words, reports in detail

from the respondents' views, and conducts a study of

natural situations.

Primary data sources are obtained through

observation, interviews and documentation from

related parties, while secondary data sources are

obtained through library materials such as books,

articles, dictionaries, newspapers, magazines,

inscriptions, meeting minutes, agendas, and so on.

The main or main data sources that are used as

research and analysis materials.

The data collection used in this research is carried

out through observation, interviews and

documentation and then analyzed using the Miles and

Hubberman model, which is called the interactive

model of analysis. According to H.B. This Sutopo

model consists of three main components, namely:

data reduction, data display, conclusion drawing.

4 RESULTS AND DISCUSSION

4.1 Government Obligations to Persons

with Disabilities in the Fulfillment

of Public Sector Facilities

Arrangements related to persons with disabilities,

stipulated in article 1 of Law No. 8 of 2016. There it

is mentioned, that persons with disabilities are any

person who experiences physical, intellectual, mental

or sensory limitations for a long period of time who

in interacting with the environment can experience

obstacles and difficulties to participate fully and

effectively with other citizens based on equal rights.

In the case of fulfilling the rights of persons

stabilized in accessing public facilities / facilities, it is

also an obligation for the government to implement

them. The Disability Law emphasizes the importance

of the government's active involvement to provide

accessibility for disabled people in this sector. In the

case of building buildings, for example, how the

government actively provides certainty of the

availability of accessibility facilities by considering

the needs, functions, area, and height of the building

in accordance with the provisions of laws and

regulations.

The essence of the state of law is to ensure that

every citizen gets protection and certainty in the

fulfillment of his rights. Likewise, there is equal

treatment for everyone, both men and women, rich

and poor, normal people and people with disabilities.

One of the characteristics of the state of law is to

uphold human rights, in this case it is also felt by

every Person with Disabilities, the rights of Persons

with Disabilities, the implementation of respect,

protection, and fulfillment of the rights of Persons

with Disabilities. That way, later the law will

strengthen better rights and opportunities for people

with disabilities.

This accessibility is a condition that must be

attached in taking care of building permits. Article 99

of the Disability Law regulates this, where it is stated

that:

1. The government and local governments must

include the availability of facilities that are easily

accessible to persons with disabilities as one of the

conditions in the application for building permits.

2. The government and local governments are

obliged to conduct an audit of the availability of

accessibility facilities for persons with disabilities in

each building.

3. Examination of function worthiness on the

availability of facilities and Accessibility for persons

with disabilities is a condition in the issuance and

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297

renewal of certificates for building functions. An

important factor of the Disability Law is emphasizing

the government's obligation to facilitate the provision

of easily accessible facilities in single-dwelling

buildings inhabited by persons with disabilities.

Likewise, it is also mandatory to provide facilities for

pedestrians, pedestrian crossings, parks, settlements,

which are easily accessible to people with disabilities.

4.2 Obstacles Faced by the

Government in Carrying out

Obligations to Persons with

Disabilities in Fulfilling Public

Sector Facilities

Indonesia as a country of law as affirmed in the 1945

Constitution, should further strengthen the role of the

state in fulfilling and guaranteeing the rights of

everyone without distinguishing from each other,

including for persons with disabilities. This at the

same time strengthens the importance of the presence

of the state in realizing justice for its citizens.

But in fact, judging from the results of previous

studies that there are still many public facilities that

have not been optimal in providing accessibility that

is their right. This can generally be seen from several

obstacles faced by the government towards people

with disabilities in fulfilling public sector facilities,

namely:

1. Planning.

Planning is basically a way, technique or method

to achieve the desired goal precisely, purposefully

and efficiently according to the available resources.

Almost in every regional device there are still no

programs and activities that refer to how to respect,

protect and fulfill the rights of persons with

disabilities.

Each development program and activity is usually

planned and implemented in general and it is included

for people with disabilities, even though in

accordance with the definition, people with

disabilities must get program interventions and

activities that are certainly tailored to their abilities

and limitations. This is due to the lack of knowledge

and understanding of state organizers as policy

makers on the reference to accessibility of people

with disabilities.

2. Data System and Information.

The government has a responsibility in carrying

out respect, protection and fulfillment of the rights of

persons with disabilities do not yet have valid data on

the number of persons with disabilities by name by

address.

From data of thousands of people with disabilities

(data from the Central Statistics Agency), only

hundreds of people with disabilities are

accommodated so that the difference in the amount of

data between one agency and another is still found.

The data collection pattern is still not tiered starting

from the RT / RW level through the village

government to the district causing data on the number

of people with disabilities to be not optimal. Data

collection has an important meaning in a policy

planning, through valid and disaggregated data,

policy interventions can be targeted and useful so that

policy makers do not hesitate in making a decision.

3. Lack of understanding of people with

disabilities as citizens

The essence of respect and protection of human

rights is to maintain the safety of human existence as

a whole through the balancing action between rights

and obligations and the balance between individual

interests and the public interest. Efforts to respect,

protect and uphold human rights become a common

obligation and responsibility between individuals,

governments and even greater scope, namely the

state.

Every citizen has the same right to be treated

fairly. Efforts to raise awareness for people with

disabilities, urgently need support from all

components of society so as to eliminate the negative

stigma against people with disabilities while

providing support to increase independence and equal

rights of persons with disabilities in various aspects

of life.

5 CONCLUSIONS

5.1 Conclusion

In terms of fulfilling public sector facilities, it is the

government's obligation to persons with disabilities.

Persons with disabilities should get the fulfillment of

equal opportunities in all aspects of state and

community administration, including the provision of

accessibility and proper accommodation in fulfilling

the public sector. The implementation and fulfillment

of the rights of persons with disabilities is aimed at

realizing a higher quality, fair and dignified standard

of living for persons with disabilities.

5.2 Suggestions

It is hoped that the government in carrying out every

program planning and development activity should be

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298

planned and implemented on how to respect, protect

and fulfill the rights of persons with disabilities.

The government must record the number of

persons with disabilities. Data collection has an

important meaning in planning a policy, through valid

and disaggregated data, policy interventions can be

targeted and useful so that policy makers do not

hesitate in making a decision.

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