1.
This submission is prepared by The Indonesian National Commission on Human Rights
(Komnas HAM), referring to facts finding, data collected through consultations, field study,
complaints lodged to Komnas HAM, meetings, and other related activities both attended or
organized with partners from disabled persons’ organizations (DPO), civil society organizations
(CSOs), and government agencies. The report also considers national and international laws, as
well as local and international reports, and shall be considered as the continuation of Komnas
HAM’ written contribution to the UNCRPD 13th Pre Session in 2020.
2.
Komnas HAM highly appreciates the establishment ten subsidiary regulations to support
the implementation of Law Number 8/2016 on Persons with Disabilities, including the guarantees
of participation by Persons with Disabilities and/or Disabled Persons Organization in the planning,
implementation and evaluation processes of respecting, protecting and fulfilling the rights of
persons with disabilities, as stated in the Government Regulation Number 70/2019 on the
Planning, Implementation and Evaluation to Respect, Protect, and Promote the Rights of Persons
with Disabilities that contains Disability Inclusive Development Master Plan. This regulation is
highly important to ensure the participation of persons with disabilities in the entire
development process at National and Local level.
3.
There are, at least 88 Local Regulations (Provincial and City/Municipality level) on Persons
with Disabilities, since 2021 and growing in number. Even though the level of participation of
persons with disabilities in the legislation process and the quality of the regulations are also
varied, this fact indicates that the awareness and commitment of the Local Government to
respect, protect and fulfill the rights of persons with disabilities are rising as well.
Recommendation: There is a need to revise and harmonize the Laws and Regulations at the
National and Local level which are utilizing charity rather than human rights approach such as
Social Welfare Law which places persons with disabilities as people with social welfare
problems and need to treat with charity-based solutions.
4.
Komnas HAM appreciates the GoI’s efforts to build an independent monitoring and
protection mechanism for persons with disabilities through the establishment of National
Indonesia – Komnas HAM to Committee of CRPD – 16 August 2022 – Page 2