Komnas HAM, Indonesia UNCRPD Written Contribution disabilities to obtain legal assistance" it does not necessarily mean that such provision on legal aid will automatically improve access to justice for persons with disabilities. Article 5 of the Legal Aid Law put forward a condition of "poor people" who is unable to fulfil their basic rights independently for recipients of the service. Thus, for people with disabilities to receive legal assistance, they must be able to present a statement of poor financial condition (surat keterangan miskin). Also included in the list of legal aid service recipients are convicted persons with disabilities who are sentenced to a minimum imprisonment of five years. Meanwhile, victims with disabilities in a criminal case, much less in a civil case, are yet to see the day when they will get access to legal aid services. 32. The 2016 Komnas HAM Reported Complaints Data18 highlighted two criminal cases that prompted a corrective action by the Public Prosecutor's Office following the management of a couple of cases involving persons with disabilities. The first case occurred in Sleman Regency, Yogyakarta Special Region, in which the victim (a person with mental disability) did not get proper accommodation in the judicial process. Meanwhile, the second case occurred in Gunung Mas Regency, Palangkaraya, in which the convicted individual (a person with mental disability) did not receive medical (psychological) examinations. This indicates the law enforcement officials’ lack of understanding of the conditions and the needs of persons with disabilities in seeking justice. 33. Articles 29 through 39 of Law No. 8 of 2016 on Persons with Disabilities stipulate that legal protection for persons with disabilities is the responsibility of the national and regional governments. This protection shall include legal assistance, experts, other accommodations, and dissemination. However, the services provided are still based on the same mindset as rooted in the Law on Legal Aid. The scheme has not been followed by a friendly and proper criminal justice system for persons with disabilities. The lack of improvements to the mechanism, in addition to poor understanding, attitude and acceptance by the police, prosecutors, judges and legal counsels or lawyers towards persons with disabilities still indicate that there is a large room for improvement. These 18 Komnas HAM, 2016 17

اختر الفقرة المستهدفة3