RECONSTRUCTION OF REGULATIONS ON THE PARTICIPATION OF PERSONS WITH DISABILITIES IN INDONESIA

Abstract

This research is aimed at examining and reconstructing the regulations about the participation of Persons with Disabilities (PwD) in Indonesia as stated in Article 20 of Regulation of the Government 70 of 2019 and Article 32 of Regulation of the Minister of the NDP/HNDP 3 of 2021. The legal analysis of Article 28C paragraph (2) of the 1945 Indonesian Constitution, United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), and UNCRPD General Comment No. 7/2018 was also analyzed. Normative legal research was used to examine the coherence and synchronization of positive law based on the hierarchy of legislation, while reconstructing the regulations on the full, effective, and meaningful participation of PwD according to the Social and Human Rights (S&HR) Model of Disability in UNCRPD. The results showed that the legal construction established for the participation of PwD did not incorporate the obligation of the state, or provide a comprehensive interpretation based on UNCRPD and UNCRPD General Comment No. 7/2018. A reconstruction of the provisions for the participation of PwD was recommended to offer a broader interpretation of the organizations based on UNCRPD. This research contributes to the development of disability law investigations through a legal reconstruction that transforms the position of PwD from objects into legal subjects with the right to participate, and as mandatory partners of the state in public decision-making.