The way it is conducted is still problematic because our criminal justice system does not align with the reality of people with disabilitiesJakarta (ANTARA) - Legal protection for people with disabilities, including intellectual and development disability, is not yet optimal despite their rights being recognized in Indonesia, the National Commission on Human Rights' (Komnas HAM's) official stated.
"The way it is conducted is still problematic since our criminal justice system does not align with the reality of people with disabilities," Komnas HAM's Review and Research Commissioner Sandrayati Moniaga noted.
At a national webinar broadcast live on the UNPAR Law Faculty YouTube Channel and observed from here on Saturday, Moniaga opined that the criminal justice system still encounters two problems in providing legal protection for the disabled.
These two problems are the unfit criminal law procedure and assistance to people with disabilities that have not been regulated.
Moniaga highlighted several regulations that ensure legal protection for people with disabilities, including Law No. 8 of 2018 on People with Disability.
The law stipulates that the Republic of Indonesia ensures the survival of every citizen, including people with disability, who have the same legal stance and rights as any other Indonesian citizen, she stated.
Moreover, Article 2 paragraph (1) to (3) of Government Regulation No. 39 of 2020 on Proper Accommodation for People with Disability within the Legal Process is also in place.
In general, it was noted that law enforcement institutions, such as the Indonesian police, attorney, Supreme Court, and other related institutions are obligated to provide proper accommodations for people with disabilities during a legal process.
"It is clear that there are many regulations concerning this issue," the commissioner expounded.
However, in practice, the criminal law procedure and assistance to people with disabilities had not been regulated properly.
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"I invite us all to think and move together to comprehensively encourage legal and human rights protection, advancement, enforcement, and fulfilment, especially for people with intellectual or development disability," she affirmed.
The two problems should be resolved by the government, especially law enforcement institutions, through an accommodating legal process.
This could be done by adjusting the process with the disabled's age, facilitate the effectiveness of their role as the victim or witness, and ensure they would receive a translator or supervisor.
They should also receive easy access facility in the form of media, facility, and infrastructure assistance during a hearing, investigation, and other early stages.
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Translator: Tri Ameliya, Fadhli Ruhman
Editor: Rahmad Nasution
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