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