DISABILITY ACCESS TO JUSTICE IN INDONESIA GENERAL COURT SYSTEM

Siska Naomi Panggabean

Abstract


Accessibility of people with disabilities is the main problem of this research. Focusing on justice and legal protection rights as one of the listed rights of people with disabilities in Law Number 8 of 2016, and its implementation in Indonesia General Court system, this research used documentary data and analyzed in normative juridical research methods that focused on legal materials which are related to the topic. The results of this research indicate that disability access to justice is not fully applied in Indonesia General Court system, caused by the financial placements and the number of people with disabilities’ cases. Moreover, the implementing regulation as the guidelines for adjudicating people with disabilities’ cases (as the step to fulfill justice rights) has not been formed yet. This brings the judicial process of people with disabilities' cases run as is for non-disability people without considering the recommendation from medics, psychologist, or psychiatrist.

Keywords


Justice Rights; Legal Protection; Disability Access to Justice; General Court System

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References


] Constitution of the Republic of Indonesia Year 1945

] HIR (Het Herziene Indonesisch Reglement)

] Law Number 8 of 1981 about Criminal Law Procedure

] Law Number 8 of 2016 about People With Disabilities

] Supreme Court of the Republic of Indonesia Rule Number 3 of 2017

about Guidelines For Adjudicating Women's Cases Against The Law

] Supriyadi Widodo Eddyono and Ajeng Gandini Kamilah. Criminal Justice Aspects For People With Disabilities. Institute for Criminal Justice Reform; 2015

] Supreme Court of the Republic of Indonesia. Government Institution’s Performance Report; 2017

] Suparman Marzuki. Law Process Needs To Assure Accessibility For People With Disabilities. In: Hari Kurniawan. Judiciary’s Accessibility For People With Disabilities. Yogyakarta: Pusham UII; 2015

] National Commission of Women, Stop The Impunities Of The Offender Of Sexual Abuses And Reaching Out To Comprehensive Rehabilitation For The Victim. Jakarta; 6 March 2019.


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