The obligation of the state to respect, protect and fulfill the rights of citizens must be given to everyone without exception, as stipulated in Article 25(1) of the Constitution of 19453, including persons with disabilities. On the other hand, based on the results of the 2018 National Socio-Economic Survey (Susenas), there are approximately one million) of the Indonesian population over 2 (two) years of age who are persons with disabilities.6. Second, the comparison of the legal system between Indonesia and Australia in the field of law enforcement for persons with disabilities.
The Post-Amendment of the 1945 Constitution of the Republic of Indonesia includes Chapter XA which discusses human rights. The scope of citizens in this case is wide, including anyone without exception as regulated in article 25 paragraph (1) of the 1945 Constitution of the Republic of Indonesia,7 including persons with disabilities. Confirmation of the scope is very important, because human rights for persons with disabilities are still often ignored, even violated.
Violations occur because people with disabilities are not considered part of the citizenry, nor as human beings.8. Based on the explanation above, the 1945 Constitution of the Republic of Indonesia explicitly protects the constitutional rights of persons with disabilities in relation to "everyone" as well as being part of "citizens". The mandate of the 1945 Constitution of the Republic of Indonesia is further elaborated into Article 71 and Article 72 of Law Number 39 of 1999 on Human Rights.
The mandate of the Vienna Declaration and the Convention on the Rights of Persons with Disabilities emphasizes that each country forms and implements a national action plan related to human rights. This Law on Persons with Disabilities was drafted, driven by the ratification of the Convention on the Rights of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) with Law Number 19 of 2011. So far, the fulfillment of the rights of persons with disabilities is still considered a social problem, where policies to fulfill their rights are only in the form of social security, social rehabilitation, social assistance and improvement of social welfare.
The Regulation and Policy for the Protection of Persons with Disabilities in Australia
The ratification of the NDS is a historic event for persons with disabilities, their families and guardians. The National Disability Insurance Scheme (NDIS) is a new way for the Australian government to provide financial support to persons with disabilities, their families and their companions. 29The National People with Disabilities and Carer Council, Shut Out: The Experience of People with Disabilities and their Families in Australia.
It appears that the government and service providers in Australia have significant concerns about citizens with disabilities. Accepting that persons with disabilities have the same legal capacity as other persons in all aspects of life; Recognizing that persons with disabilities have the right to respect for their physical and mental integrity in an equal capacity with others;
The principles of equal rights for persons with disabilities in Australia were enshrined in the Australian Federal Constitution and the Disability Discrimination Act (DDA) 1992 before Australia ratified the UNCRPD. In addition to the 1992 DDA, there are other regulations governing the protection of persons with disabilities. This regulation relating to the establishment of the includes a special commissioner on the protection of persons with disabilities;36.
This Regulation facilitates fair working arrangements without discrimination, including against persons with disabilities in the context of increasing productivity;. This standard has been drawn up with the aim of eliminating as much as possible discrimination against persons with disabilities in the field of education and training. In addition, this regulation also encourages persons with disabilities to have equal rights before the law in education and training.
This standard is a rule that regulates the requirements for buildings or buildings that are accessible to people with disabilities. This standard regulates the requirements for public transport accessible to persons with disabilities to be met by transport operators; and 8. For example, in the area of employment, Australia pays close attention to people with disabilities.
Comparison of Systems in Law Enforcement for Persons with Disabilities between Indonesia and Australia
If the organization avoids this obligation, it will have to pay the Federal Office of Social Affairs monthly compensation for work not assigned to the disabled. As a result, people with disabilities are still included in policy goals that only focus on social, health and compensation programs. This condition makes disabled people an integral part of society in general, which then harms the principle of equality.42 For example, the law that specifically regulates disabled people is Law no. 4 of 1997 on disabled persons.43 The law should have the possibility to provide more operational guarantees in the context of the realization of the rights of disabled persons in Indonesia.
On March 17, 2016, the Indonesian government passed Law No. 8 of 2016 on persons with disabilities instead of Act no. 4 of 1997 on disabled persons. The existence of different paradigms from a philosophical, legal and sociological point of view between the two laws results in differences in treatment when dealing with disability. Law no. 4 of 1997 still uses the old paradigm, which uses a medical approach and positions the disabled as an object.
Meanwhile, Law No. 8 of 2016 establishes persons with disabilities as subjects where persons with disabilities have an equal and equal position with others. Ideally, there is a good cooperation between the central and local government in the implementation of law no. 8 of 2016.45 In the framework of supervision, the Law on Persons with Disabilities mandates the creation of a National Disability Commission. Presidential Decree number 68 of 2020 regarding the National Disability Commission has been formed, but it has sparked criticism from various parties, even from disabled people.
The Australian Constitution establishes the Parliament of the Commonwealth of Australia, consisting of the House of Representatives and the Senate. The Constitution also establishes the Supreme Court of Australia, which has the power to apply and interpret Australian law.47 In the area of regulation of persons with disabilities, Australia is one of the countries that have signed and ratified the UNCRPD . In addition to signing and ratifying the Convention, Australia has also ratified the Optional Protocol to the UNCRPD which was implemented on 21 August 2009.48 By signing and ratifying this Optional Protocol, Australia recognizes that the United Nations Committee on Persons with Disabilities consider communications or reports from individuals or groups of individuals who are victims of discrimination based on disability in the Australian jurisdiction.
Australia's disability policy, namely the National Disability Strategy (NDS is based on the belief .. 46Australian Government, Australian Citizenship: General Association Kita ) Commonwealth of Australia: National Communications Branch of the Department. This step was taken by the Australian Government as an effort to accommodate the special needs of persons with disabilities in order to facilitate the social life of persons with disabilities. At the Indonesian level, the realities of planning and budgeting still face the problem of lack of community participatory involvement, especially the poor and vulnerable groups, including persons with disabilities.
Conclusion
As a result, the design of development programs does not favor poor and vulnerable groups. In addition, the absence of active involvement of the wider community will also create opportunities for irregularities in the planning and budgeting process. Arinanto, Satya, Hak Asasi Manusia in Transisi Politik di Indonesia, Jakarta: Pusat Studi Hukum Tata Negara FHUI, 2008.
Campbell, Tom, “Human Rights and the Partial Eclipse of Justice”, in Arend Soeteman, Pluralism and Law, London: Kluwer Academy Publisher, 2001. David, Rene, Major Legal System in the World Today, The Ree Press Collier-Macmillan Limited , 1968. Degener, Theresia, International Disability Law - A New Legal Subject on the Rise, gepresenteerd tijdens de Experts Meeting in Hong Kong, 13-17 december 1999, Barkeley International Journal, 2000.
Law no. 4 of 1997, Government Gazette of the Republic of Indonesia No. 9 from 1997, Addendum to the National Gazette no. 3670 on the disabled. Law Number 19, Year 2011, State Gazette of the Republic of Indonesia, Year 2011, Number 107 on the Ratification of the Convention on the Rights of Persons with Disabilities. Law no. 8 of 2016, Republic of Indonesia Gazette of 2016 No. 69 on the disabled.
International Labour Organization, Right to Decent Work for Persons with Disabilities, Jakarta: International Labour Office, 2013. Krairiksh, Nanda, Disability, Livelihood and Poverty in Asia and the Pacific: An Executive Summary of Research Findings, Thailand: United Nations Economic and Social Commission for Asia and the Pacific Publication, 2012. Merryman, John Henry, The Civil Law Tradition: An Introduction to the Legal System of Western Europe and Latin America 2nd Ed., California: Stanford University Press, 1985.
Oliver, Mike, “Individual and Social Models of Disability”, Paper presented at the Joint Workshop of the Living Option Group and the Research Unit of the Royal College of Physicians, 1990. Australia”,https://www.kompasiana.com /ramadhaniray/5aeeea b9caf7db1d9e480b62/funding-support-scheme-for-people-with-disabilities-in-australia. National Disability and Carer Council, Closed: The Experience of Disabled People and Their Families in Australia, Australia: National Disability Strategy Consultation Report, 2009.
