DOI: doi.org/10.21776/ub.ijds.2023.10.02.8
227
Assistive Technology Construction in Fulfilling the Rights of Telecommunication Information for Disabled
People in Indonesia
Ahmad Yani, Ratu Julhijah, Muliana.M.
Fakultas Hukum Universitas Gadjah Mada, Indonesia
Corresponding author:
Ahmad Yani,
[email protected] c.id
Article history:
Received: 5 March 2023 Revised: 8 November 2023 Accepted: 18 November 2023
Published online at ijds.ub.ac.id
Copyright © 2023 Author(s) Licensed under CC BY NC
Abstract
The problem of accessibility to information and technology for people with disabilities in Indonesia is one of the state's responsibilities that must be implemented comprehensively. This study aims to determine the state's responsibility in fulfilling disability rights to information and telecommunications in Indonesia and aims to construct the ideal form of fulfillment of disability rights to information and telecommunications through assistive technology models. The research uses a normative-empirical method with a conceptual approach, a statutory approach, and a case approach. The results of the study show: First, the state's responsibility for protecting the rights of persons with disabilities to information and technology has been regulated in Article 28 F of the 1945 Constitution of the Republic of Indonesia and in Law Number 8 of 2016 concerning Persons with Disabilities as many as 13 (thirteen) articles. The regulation contains 8 (eight) substances for regulating the right to information for persons with disabilities. The implementation of these provisions has not run optimally because there are still services that are not friendly to persons with disabilities. Second, efforts to encourage the formation of assistive technology for people with disabilities in the country by referring to the needs of people with disabilities in Indonesia. This can be done by establishing two types of assistive technology for persons with disabilities of school age and above school age by adjusting features and services that are friendly to disabilities.
Keywords: Information and Telecommunications Rights; Persons with Disabilities; State Responsibilities; Assistive Technology
1. Introduction
The existence of disabled people in global and national trends indicates a relatively high vulnerability and tends to experience discrimination in the social and development environment. This is very concerning considering that in 2020, the number of people with disabilities reached 29.1 percent of the total population in Indonesia (BPS, 2020, p. 15).
Based on this figure, the highest proportion of disabled people is in the productive age
range, namely 18-59 years, which amounts to 22 percent, while in the child age range (5- 17 years) it is 3.3 percent, and the remaining 3.8 percent is from the age of 60. years and over. In the survey conducted by the Central Statistics Agency (BPS), they were grouped into 8 types, in the form of visual impairments, walking, concentration/memory, communication, hearing, using hands/fingers, taking care of themselves, and behavioral/emotional disorders.
The factual conditions illustrate that the quality of life and welfare of disabled people is still quite low compared to non-disabled people (Hastuti, n.d., p. 1). This condition occurs because accessibility for them is still very limited, which does not only concern the issue of physical access to infrastructure and public services (Trimaya, 2016, p. 404) owever, it also includes non-physical accessibility, both in the fields of work and the general economy, politics, environment, social, and access to justice. For example, in the formal employment sector, which until now has not provided a wide space (Trimaya, 2016) so that most of them work in the informal sector (LPEM FEB Universitas Indonesia, 2017). Similar to access to justice, in some cases, their testimonies of in court are often rejected because our procedural law paradigm tends to be biased (Campbell, 2001, p. 44).
Moreover, the applicable procedural law requires a witness, for example, to be able to see, experience, and hear the legal events that occur.
The problem of accessing to information and technology for disabled people, which in this article will be the discussion focus, is also still a latent issue. Access to technology can be reflected in two indicators, namely ownership of devices and use of the internet.
The results of the BPS study in 2020 show that there is a disparity between disabled and non-disabled people on these two indicators (BPS, 2021, p. 42). Regarding the ownership of gadgets, for example, only 36.7 percent of disabled own a smartphone, in contrast to non-disabled people who have 59.4 percent. The condition of inequality is more visible in the use of the internet, where the percentage is only around 18.9 percent, 33.8 percent different from non-disabled.
Meanwhile, access to information is closely related to access to communication and media, and their ability to understand and respond to the information provided. The facts show that the right to obtain information, in the form of braille writing, sign language, and augmentative communication in formal and informal interactions, has not been properly fulfilled (Hastuti, n.d., p. 23) so that there are many forums that are not friendly for them.
Another contributing factor is the lack of sign language translators and the rare number of public service officers, both in the private and government sectors, who understand sign language, as well as the absence of a companion for disabled people (Indonesia Disability Convention Team, 2017, pp. 16–17). The most concrete example is that not all television stations provide a sign language translator column, even though the need for information is one of the most basic needs for everyone without exception.
The above reality is an irony when the world has undergone a digital transformation, which means that every information can be accessed easily and without
limits with the rapid development of technology. This transformation phenomenon ultimately builds a paradigm that places humans and technology side by side (Violeta et al, 2020, p. 2) therefore it can create a more valuable life (Ellitan, 2020, p. 4). This development also has a significant impact in terms of information needs through adaptive technology and innovative policy patterns. Moreover, in order to meet the concept of society 5.0, the problem of accessibility to information and technology is one of the priorities that must be resolved. Because, according to this conception, the use of technology in the industrial revolution is focused on the human and humanities aspects to create future services that can accommodate every human need (Furuqi, 2019, p. 67).
The main goal is to create a human-centric environment where economic development and solutions to social problems are achieved and everyone can enjoy a high quality of life actively and comfortably (Mayumi, 2018, p. 48).
Accessibility discrimination can occur, one of which is because the state has not been present optimally to provide responsive and aspirational policies. In this regard, the duty and responsibility of the state is not only to guarantee the existence of treatment, but also to guarantee inclusive and friendly access for disabled people. The state is obliged to protect, guarantee, and enforce the rights of every person, including persons with disabilities. One of them is as emphasized in Article 28F of the 1945 Constitution, namely the right to communicate and obtain information for personal development and social environment, and the right to seek, obtain, possess, store, process, and convey information using all kinds of channels. which is available.
The provisions above do not actually mention specifically about disabled people.
Therefore, Law Number 8, 2016, concerning disabled people are issued which contains the rights and forms of protection for them. Based on Article 5 paragraph (1) of the a quo Law, there are 22 types of rights that are accommodated, among which are reaffirmed regarding the right of accessibility and the right to express, communicate, and obtain information that is free from acts of discrimination, which is manifested in the form of special treatment by the state. Then it is clarified in Article 24 that the right to express, communicate, and obtain information includes: (a) the right to freedom of expression and opinion; (b) obtain information and communicate through easily accessible media; and (c) use and obtain information and communication facilities in the form of sign language, braille, and augmentative communication in official interactions. The ratification of this law is inseparable from Indonesia's commitment to ratify the Convention on the Rights of Persons with Disabilities (CRPD) through Law Number 19 of 2011. In the CPRD, relating to the right to access information and technology, it is regulated in two articles namely Article 9 and Article 21 which more explicitly emphasize the guarantee of access to information and communication technology.
However, the recognition and responsibility of the state for the disabled people’s rights is not only sufficient to be stated in a regulation, but what is important is how these rights can be implemented in various aspects of their lives (Yustikaningrum, 2019, p. 4).
One of the important factors for realizing this implementation is the design of policies on
state responsibility that are inclusive. For this reason, this article will specifically discuss two important issues, namely the responsibility of the state towards disabled people and the design of accommodative and inclusive responsibilities to improve the quality of life in a sustainable manner. This research will discusse about (1) how the state's responsibility for fulfilling the right to information technology for persons with disabilities. (2) how design assistive technology for people with disabilities in the future in indonesia
2. Discussion
2.1 The State's Responsibility for Fulfilling the Right to Information Technology for Persons with Disabilities.
Tamanaha found that the concept of the rule of law consists of a formal meaning and a substantive meaning. Formal rule of law is characterized by rule by law, formal legality, and democratic legality. Meanwhile, the state of substantive law is characterized by the existence of individual rights, rights of dignity and/or justice and social walfare (Tamanaha, 2004). Recognition and protection of human rights is the main feature of the rule of law in a substantive sense. This indicates that nowadays the issue of human rights is a major concern for countries that claim to be the rule of law state.
Recognition and protection of human rights is an obligation and responsibility of the state. Through the social contract initiated by Thomas Hobbes, society gives up some of its rights to the state to ask for protection from the anarchy of human nature which tends to be "other human beings". Through the transfer of these rights, the state is obliged to guarantee and maintain them consistently. If the state is considered negligent and fails to protect the rights of the people, then it is justified for the community to revoke the social contract.
Reflecting on the above, Indonesia is one of the countries to declare itself as a state of law which is of course obliged to protect human rights. Protection of human rights in its actualization should give top priority to protecting vulnerable groups first. Because the range group has specific limitations that require more attention (affirmation action).
Persons with disabilities are one of the vulnerable groups that must be protected and provided various means for personal development. Self-development which is meant in this study is the ability to improve self-quality through the provision of adequate information facilities for persons with disabilities.
If a search is carried out on the text of the Convention on the Rights of Persons with Disabilities, it is explicitly stated that the responsibility of the state in protecting the right to information for persons with disabilities is stated. The obligation of the state to realize the rights contained in the convention, through adjustments to the laws and regulations, laws and administration of each country, including changing laws and regulations, habits and practices that are discriminatory against persons with disabilities, both women and children, ensuring the participation of persons with disabilities in all aspects of life such
as education, health, work, politics, sports, arts and culture, as well as the use of technology, information and communication.
2.1.1 Information Rights Regulations for Persons with Disabilities
The 1945 Constitution of the Republic of Indonesia as the Indonesian constitution does not find specific arrangements for the protection of the rights of persons with disabilities in the field of information. However, Article 28F of the 1945 Constitution of the Republic of Indonesia regulates the right to communicate for every citizen to develop their personal and social environment, and the right to seek, obtain, possess, store, process, and convey information using all available channels. This arrangement can be interpreted as every citizen without exception (including persons with disabilities) has the right to access information widely according to their needs and self-development.
Before Indonesia ratified the Convention on the Rights of Persons with Disabilities in 2011, technical arrangements for persons with disabilities were regulated in Law Number 4 of 1997 concerning Persons with Disabilities. In the regulation there are 3 (three) articles that specifically regulate the protection of information against disabilities. Among them:
1) Article 5 of the a qou Law stipulates "every person with a disability has equal rights and opportunities in all aspects of life and livelihood". In the elucidation of article a qou it is explained "what is meant by aspects of life and livelihood in this article include, among others, aspects of religion, health, education, social, employment, economy, public services, law, culture, politics, defense and security, sports, recreation and information.
Seen in the elucidation of Article 5 of Law a qou includes the right to information as one aspect of life and livelihood that must be held and provided by the state. 2) Article 10 paragraph (1) of Law a qou stipulates "Equality of opportunity for persons with disabilities in all aspects of life and livelihood is carried out through the provision of accessibility". In the elucidation provisions of the a qou Law, it states "providing accessibility can be in the form of physical and non-physical, including public facilities and infrastructure as well as information needed for persons with disabilities to obtain equal opportunities". 3) Article 19 of Law a qou stipulates "Social assistance is directed at helping people with disabilities to try to improve their level of social welfare". The explanation in the a qou Law states
"Social assistance can be in the form of material, financial, service facilities, and information that is educational and encourages the growth of awareness and social responsibility for people with disabilities. This social assistance is given at any time in accordance with its aims and objectives” (Yustikaningrum, 2019).
In 2011, Indonesia ratified the Convention on the Rights of Persons with Disabilities.
Furthermore, in 2016, Indonesia issued a law regulating the rights of persons with disabilities through Law Number 8 of 2016 concerning Persons with Disabilities. The Law on Persons with Disabilities a qou provides more complete protection for disability to obtain information. These settings can be described through the table below:
Table 1. Information Rights of Persons with Disabilities in Law no. 8 Year 2016
Chapter Information Rights Substance
5 paragraph (1) letter t One of the rights of persons with disabilities is to express, communicate, and obtain information
8 letter e The right to confidentiality of health information as a right to privacy
12 letters a Right to information on health services
20 letters The right to information in the event of a disaster 24 letter b The right to obtain information through easily
accessible media
24 letter c Using and obtaining information and communication facilities in the form of sign language, barille, and argumentative communication in official interactions 42 paragraph (2) letter f Provision of disability service units by local
governments through the provision of data and information on disability.
73 paragraph (1) Obligation of health services by providing information about disability
73 paragraph (1) Health referral information services for persons with disabilities
77 letters f and h The right to use new technologies and obtain information in elections
85 paragraph (2) Tourism information services in the form of audio, visual and tactile
123 paragraphs (1) and (2) The government's obligation to guarantee access to information for persons with disabilities in audio and visual form
124 paragraphs (1) and (2) Provision of information by the government that is easy to reach and understand and obtain at no additional cost
125 Information services for women and children with
disabilities
143 letter o Protection of the right to express, communicate, and obtain information in criminal sanctions.
Based on the identification of the protection of information rights for persons with disabilities above, it can be seen that the protection of information rights for persons with disabilities in Indonesia includes several things including: 1) the right to protect information in the field of privacy. 2) The right to information in the field of health services.
3) The right to information in the field of natural disasters. 4) Information rights on various media. 5) Technology and information rights in holding general elections. 6) Information rights in the tourism sector. 7) The right to information specifically for women and children with disabilities. 8) Protection of information rights through criminal law enforcement.
If a comparison study is conducted on the protection of the rights of persons with disabilities to information with the Convention on the Rights of Persons with Disabilities, several similarities are found which can be described in the table below:
Table 2. Information Rights of Persons with Disabilities in Law no. 8 of 2016 and the Convention on the Rights of Persons with Disabilities
Information Rights Substance UU no. 8 Year 2016 Convention on the Rights of Persons with Disabilities Research development for information
technology, and assistive technology for persons with disabilities
Yes (Article 137) Yes (Article 4 letter g)
Access to information for persons with disabilities that is easily accessible
Yes (Article 24 letter b)
Yes (Article 4 letter h) Equality of access to information Yes (Article 5) Yes (Article 9 paragraph (1)) Information on natural disasters and
health
Yes (Article 12 letter a and Article 20)
Yes (Article 9 paragraph 1 letter b)
Access information for a minimum fee Yes (Article 124 paragraphs (1) and (2))
Yes (Article 9 paragraph (2) letter h)
Protection of the confidentiality of health information of persons with disabilities
Yes (Article 8 letter e) Yes (Article 22 paragraph (2))
Provision of information for children with disabilities
Yes (Article 125) Yes (Article 23 paragraph (3)
Table 2 above shows that Indonesia has seriously regulated the protection of the rights of persons with disabilities to information in accordance with the Convention on the Rights of Persons with Disabilities. Even in the regulation of Law Number 8 of 2016 concerning Persons with Disabilities, the right to information for persons with disabilities is regulated in special fields such as tourism and general elections. The recognition of the right to information shows that Indonesia's attention to the right to information for persons with disabilities is very high.
2.1.2 Implementation of the State's Responsibility for the Protection of Information Rights for Persons with Disabilities
State recognition of these rights is not only sufficient to be stated in the form of laws and regulations and the constitution, but the recognition of these rights must be recognized in the form of implementation in the field (Yustikaningrum, 2019). Research conducted by Yuwana (2019) through an assessment of access to information for persons with disabilities in the judiciary reveals that first, internet culture is not evenly distributed for access to persons with disabilities due to differences in geographical areas that are relatively difficult to reach. This causes the blind not all have good internet access to obtain judicial information. Second, there is a category of persons with disabilities that can occur in one person, so that the deaf and blind, especially in the judiciary, have difficulty accessing judicial information. Third, current judicial decisions are still in written form, so they are not friendly to certain disabilities (Yulaswati, n.d.).
Bappenas of the Republic of Indonesia in 2021 noted that access to information technology for persons with disabilities is still low compared to non-disabled persons.
This can be proven throughout 2018 to 2020. First, the level of cellphone ownership for people with disabilities in Indonesia in 2018 was around 42.4 percent, compared to cellphone ownership for non-disabled people of around 65.3 percent. In 2019, mobile phone ownership for people with disabilities was around 52.0 percent, while non-disabled people reached 78.3 percent. In 2020, mobile phone ownership for people with disabilities is around 36.7 percent, while non-disabled people reach 59.4 percent. Second, the level of internet use, Bappenas of the Republic of Indonesia (2020) noted that in 2018 internet use by persons with disabilities was only around 15.9 percent, while internet use by non- disabled people reached 43.4 percent. In 2019, the use of the internet by people with disabilities was around 17.3 percent, while non-disabled people reached 51.2 percent. In 2020, internet use for people with disabilities is only around 18.9 percent, while non- disabled people reach 52.7 percent.
The data above shows that the implementation of the right to information for persons with disabilities is not equivalent to that for non-disabled persons. What is more commonly found in television media as a means of information is that not all provide translators for persons with disabilities with special needs. Also, what happens in official agency activities, do not always provide information services that are easily accessible to persons with disabilities. Not all government agency websites provide facilities that are friendly for persons with disabilities. For example, the website of the House of Representatives does not yet provide audio for the visually impaired. Likewise, the Ministry of Health's also not yet available audio for the visually impaired. Another example, the website of the National Disaster Management Agency also does not provide audio for the visually impaired, and there are still many government agency websites that have important information, but are not disability friendly (Yulaswati, n.d.).
This fact shows that it is reasonable if the use of the internet by persons with disabilities is still very low because internet access itself is not friendly to persons with disabilities. The protection and recognition of the right to information for persons with disabilities in Indonesia in its implementation is relatively low, so that the government's efforts are needed to end such discrimination.
2.2 Design Assistive Technology for People with Disabilities in the Future in Indonesia
As a form of implementation of the state's responsibility to ensure the survival and continuation of the life and livelihood of every citizen, including for persons with disabilities, especially in carrying out activities in the context of creating welfare for persons with disabilities in Indonesia. A country with all the limitations of manpower and accessibility in mentoring and mentoring persons with disabilities in carrying out their activities. Paul Wise then also identified the lack of human capacities and conditions in an effort to meet each other's needs. Furthermore, Paul Wise also
mentioned technology as a helper for people with disabilities so that they are not always marginalized in a community (Wise, n.d.).
Other countries then develop useful technology to facilitate and ensure the welfare of persons with disabilities, especially in facilitating their basic activities. In America, the Center of Technology and Disability then developed the Assistive Technology system and instructional technology tools. This technology is specifically for students with disabilities at school level and age. Assistive technology that was formed in school-age children in America was created with the aim of achieving positive results and encouraging children with disabilities to successfully understand the learning given to them either at school or at home (Wise, n.d.).
Other countries then develop useful technologies to facilitate and ensure the welfare of persons with disabilities, especially in facilitating their basic activities. In America, the Center of Technology and Disability then developed Assistive Technology systems and instructional technology devices. This technology is specifically for students with disabilities at school and age levels. Assistive technology formed in school-age children in America was created with the aim of achieving positive results and encouraging children with disabilities to successfully understand the learning given to them both at school and at home (Living, n.d.).
Not only in America, the use of Assistive technology for persons with disabilities has also begun to be applied to African countries. Through the Division For Society Policy and Development developed Assistive Technology that can be used for people with disabilities. The state develops Assistive technology in the field of information and communication as an important factor that supports persons with disabilities to participate properly in all aspects of their lives in order to realize equality in human resource development. In Africa itself, the legal framework behind the birth of assistive technology is through the implementation of the provisions of article 9 of the Convention on Persons with Disabilities (CRPD) which identifies and ensures the need and accessibility to access information and technology for persons with disabilities (Division For Social Policy Development (DSPD) Departemen Of Economic And Social Affairs (DESA), n.d.).
Some of the conveniences that can be offered in the application of assistive technology in Africa at least provide a solution to the obstacles felt by persons with disabilities in carrying out their daily activities. Such as helping people with disabilities to be able to use text to speech or voice features to communicate with others, providing digital documents that are not accessible to people with disabilities in printed form, GPS technology, image recognition. Close-range communication and long-distance communication with other parties.
From the comparison of the two countries between America and Africa above, it is interesting to see the difference in the application of assistive technology, that the application of technology for persons with disabilities in the United States is focused on being used for persons with disabilities of school age, providing convenience for learning with the materials presented in it. Meanwhile, the application of assistive technology in Africa is carried out for the needs of the disabled community in general by providing conveniences such as physical touch for the blind with the assistance of the closest parties and families with the directions contained in the application. As for the speech impaired and the deaf, they need a touch of sound and hearing aids to direct themselves to carry out their activities. However, there are several things that have been overlooked by both providers in America and Africa, namely services or features that can ensure continuity of health, updates to information both general information and special information as well as special features for parents in helping to operate applications and technology. concerned. Apart from that, another important thing that is overlooked in implementing assistive technology is access to legal documents relating to the rights that underlie the protection of persons with disabilities in their respective countries.
In the context of Indonesia, it takes the seriousness and commitment of the state to be able to create technology to achieve equality for persons with disabilities in carrying out their lives and lives. The state is required to play an active role in providing technology that is easily accessible, both in terms of design and equitable provision. In encouraging the formation of assistive technology for persons with disabilities in Indonesia, ideal designs and forms are needed that can be offered to the state for input that can be considered in the formation and manufacture of the relevant technology.
In order to facilitate the use of the technology in question, by differentiating the designation and types of features contained in it, the establishment and manufacture of applications by the state must be formed in 2 (two) types, one intended for the benefit of persons with disabilities of school age and one for the interests of persons with disabilities above the age of five. schools so as not to mix up the types of services and features in them. The types of services and features that can be constructed in the formation of the technology are as shown in the table below:
Tabel 2.2.1. Types of services and features that can be used in the implementation and the establishment of Assistive technology in Indonesia
School age Assistive Technology Assistive technology above school age 1. Text to voice or speak feature
2. Image recognition feature
3. Long distance communication and short- range communication features.
4. Language translate feature
5. Learning features and services as well as access to learning documents for school- age children at every level.
6. Health features and services as well as recovery guides for persons with disabilities.
7. Features of telecommunication services 8. Features and services for media and news
updates
9. Important documents related to legal advocacy for the rights of persons with disabilities.
10. Features and guidelines for parents or guardians and teachers of persons with disabilities.
1. Text to voice or speak Fitur feature 2. Image recognition feature
3. Long-distance communication and short-range communication features.
4. Language translate feature
5. Health features and services as well as recovery guides for persons with disabilities.
6. Features of telecommunication services
7. Features and services for media and news updates.
8. Important documents related to legal advocacy on the rights of persons with disabilities.
9. Features and guidelines for parents or guardians of persons with disabilities.
In an effort to build assistive technology for persons with disabilities, it must be designed as an application or system that can be accessed by all groups, both persons with disabilities and the general public in order to create mutual solidarity. The basic principle that needs to be built in an effort to prosper people with disabilities is cooperation and accessibility to state services and supporting technology provided for people with disabilities. The involvement of the community and the general public to work together to provide assistance, assistance and guidance in using the system that will be provided by the government. The establishment of applications, technologies or systems designed by the state, is not only accessible to persons with disabilities, but furthermore the activities and participation of other communities can assist the development and control of technology nets that are useful for the development and welfare of persons with disabilities.
3. Conclussion
Results of the study show, firstly that the state's responsibility for protecting the rights of persons with disabilities to information and technology has been regulated in Article 28 F of the 1945 Constitution of the Republic of Indonesia and in Law Number 8 of 2016 concerning Persons with Disabilities as many as 13 (thirteen) articles. The regulation contains 8 (eight) substances regulating the right to information for persons with disabilities including: 1) the right to protect information in the field of privacy, 2) the right to information on health services, 3) the right to information on natural disasters, 4) the
right to information on the media, 5) the right to technology. and general election information, 6) information rights on tourism, 7) information rights for women and children with disabilities, and 8) protection of information rights through criminal law enforcement. The implementation of these provisions has not run optimally because there are still services that are not friendly to persons with disabilities.
As an effort to encourage the formation of assistive technology for persons with disabilities, the state must play an active role in carrying out these obligations. With reference to the formation of assistive technology that is tailored to the needs of people with disabilities in Indonesia. The design is to establish two types of assistive technology for persons with disabilities of school age and above school age with adjustments to features and services. The technology or application created must be accessible to all elements of society and open to the public.
4. Recomendation
The state immediately forms regulations as a commitment to establish and establish Assistive Technology in encouraging the fulfillment of the right to information and technology for persons with disabilities.
The state will soon form assistive technology for disability with features Text to voice or speak Fitur feature (1) Image recognition feature (2) Long-distance communication and short-range communication features. (3) Language translates feature (4) Health features and services as well as recovery guides for persons with disabilities. (5) Features of telecommunication services (6) Features and services for media and news updates. (7) Important documents related to legal advocacy on the rights of persons with disabilities. (8) Features and guidelines for parents or guardians of persons with disabilities.
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